BULLETIN OF THE UNIVERSITY OF TEXAS 

No. 51 
ISSUED SEMI-MONTHLY 

umanistic Series No. S January 15, 1905 



DE WITT'S COLONY 



BY 



ETHEL Z1VLEY RATHER, M. A. 

Fellow in History, The University of Texas. 




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BULLETIN OF THE UNIVERSITY OF TEXAS 



No. 51 

ISSUED SEMI-MONTHLY 



Humanistic Series No. 3 



January 15, 1905 



DE WITT'S COLONY 



^11 
■ 6 



BY 



ETHEL ZIVLEY RATHER, M. A. 

Fellow in History, The University of Texas. 




PUBLISHED BY 

THE UNIVERSITY OF TEXAS 
Entered as second-class mail matter at the postoffice at Austin, Texas 






"Cultivated mind is the guardian genius of democracy. . 
It is the only dictator that freemen acknowledge and the only 
security that freemen desire." 

President Mirabeau B. Lamar. 



MAY 17 1905 
P.ofD, 



{Reprinted from The Quarterly of the Texas State Historical Association 
Vol. VIII, No. 2, October, 1904.] 

o 



DE WITT'S COLONY. 



ETHEL ZIVLEY RATHER. 



I. Introduction. 

The Anglo-American colonization of Texas was one of the most 
important movements of American history. From it followed log- 
ically and , inevitably a series of events of the greatest significance 
in our national life. Texas, peopled by Anglo-Americans, could not 
long remain content under Mexican rule, and as soon as the col- 
onists were given a reasonable occasion for rebellion their inde- 
pendence was a foregone conclusion. Separation from Mexico was 
but a preliminary step toward resuming allegiance to the mother 
country — a consummation much desired by the majority of the 
Texans from the time when they declared the independence of the 
republic. Annexation speedily led to war with Mexico, and the 
struggle which ensued resulted not only in the retention of Texas 
by the United States, but also in the acquisition of the whole 
Southwest from the Rio Grande to the Pacific. Thus the coming 
of the Anglo-American had wrought for Texas, within some three 
decades, results of far greater importance than all the Spaniards 
had done for the province during the previous three centuries and 
more. 

For nearly two hundred years after the discovery of America 

1 Besides the well-known secondary authorities that have been used in 
the preparation of this paper, the most important printed works are 

(56) 



—2— 

Spain was the unchallenged claimant of the territory lying adja- 
cent to the Gulf of Mexico west of the Mississippi. Because none 
disputed her claim, and because her energies were absorbed in 
European struggles, she saw no necessity for taking measures to 
secure it. Therefore, she made no effort to occupy and colonize, 
Texas until the news came that in 1685 there had appeared on 
the scene a formidable rival, France, and that a French settle- 
ment, called Fort St. Louis, had been established on Matagorda 
Bay. Spain's jealousy was at once aroused. She began a series 
of efforts — weak and inadequate, it is true, but still not wholly 
fruitless — to fasten her hold on Texas through the establishment of 
presidios arid missions, by means of which it was hoped to civilize 
and Christianize the Indians and to make of them loyal Spanish 
subjects. As this means alone seemed insufficient for the purpose, 
Spanish families were shortly afterward sent to form pueblos and 
to furnish to the natives examples of culture. 1 The labor and 

Garnmel, Laws of Texas; Sayles, Early Laws of Texas; Recopilacion de 
Leyes de los Reynos de las Indias ; Coleccion de los Decretos y Ordenes que 
han expedido las Cortes Generates y Extraordinarias desde 24 de Setiem- 
bre de 1811 hasta 24 de Mayo de 1812; White, Land Law in California, 
Oregon, Texas, &c.; Almonte, Noticia Estadistica sobre Tejas; Filisola, 
Memorias para la Historia de la Guerra de Tejas; Schoolcraft, Indian 
Tribes of the United States; the Reports of the Bureau of Ethnology, and 
Annual Report of the Board of Regents of the Smithsonian Institution, 
1885. The greater part, however, of the material that has been used 
consists of manuscripts found in the following collections : The Bexar 
Archives and the Austin Papers (both collections in the possession of the 
University of Texas ) , the Texas Land Office records, the Nacogdoches 
Archives (in the Texas State Library), the Archives of Texas (in the office 
of the Secretary of State), and a few documents preserved in the office of 
Harwood and Walsh, attorneys at law, Gonzales, Texas. These materials 
are exceedingly fragmentary and disconnected, and it has required great 
labor to shape from them a consecutive account of the colony. It is 
hoped that further search in the archives of Texas and Mexico will bring 
to light records that will make it possible to clear up several points that 
I have not here been able fully to elucidate. 

My acknowledgements are due to Messrs. Harwood and Walsh for 
placing at my disposal materials in their possession; to Mr. D. S. H. 
Darst of Gonzales for map 4 and for much information relative to early 
Gonzales; to Mr. W. N. Lawley of Gonzales and Mr. J. W. Pritchett of 
the Department of Engineering of the University of Texas for kindly 
assistance in copying the maps ; and to Dr. George P. Garrison, Dr. 
Herbert E. Bolton, Mr. Eugene C. Barker, and Miss Lilia M. Casis, all 
of the University of Texas, for many valuable suggestions and corrections. 
— Ethel Zivley Rather. 

1 Talamantes, Historia del Descubrimiento y poblacfon de la Provincia 
de Texas hasta el ano de 1730 (MS.), ch. 3, par. 28. 

(57) 



— 3 — 

expense involved in this effort are almost incredible compared with 
the results attained. The conduct of the Spanish soldiers toward 
the Indians that were brought to the missions by the exertions of 
the padres was, as a rule, so bad that the converts usually deserted 
at the first opportunity. The Indians, therefore, made little 
progress in civilization, and Spanish families never came in num- 
bers large enough to colonize the country. Though France prac- 
tically gave up its claim to Texas, Spain, left in almost undis- 
turbed possession, toiled slowly on for more than a hundred years 
at the colonization of the province with little result. The popula- 
tion of Texas at the beginning of the nineteenth century probably 
did not exceed seven thousand, including Spaniards, French, 
Americans, and the few civilized Indians and half-breeds. 1 

Now was inaugurated a series of filibustering invasions from the 
United States, beginning in 1800 and lasting until 1821, which 
helped to destroy the little that already had been accom- 
plished. The Spanish colonists in Texas, especially those 
at Nacogdoches, became involved with the filibusters and suffered 
fearful punishment for what they scarcely could have prevented. 
Nacogdoches itself was nearly destroyed in 1819, and Texas was 
almost stripped of the signs of civilization as far west as Bejar. 

Shortly after the beginning of the filibustering expeditions, 
however, Spain's claim to Texas was again threatened in a way 
that, had not other circumstances forbade, might have brought 
about a new effort on her part to accomplish the colonization of the 
province. In 1803, by the Louisiana purchase the United States 
acquired the claim that France had made to Texas, and Spain 
found this new rival much more aggressive. For a little while 
in 1806 war between the two countries seemed imminent. But 
it was averted by the Neutral Ground Treaty of that year, and 
finally on purchasing Florida in 1819, the United States defi- 
nitely surrendered to Spain all claims to Texas. 

But Spain had been too busy elsewhere to provide against threat- 
ened encroachments upon Texas or to take advantage of the clear 
field after the United States had withdrawn. Until 1814 she had 
been overtasked by the Peninsular War. Moreover her American 
colonists had risen in a general insurrection which she was unable 
completely to suppress, and which culminated in their indepen- 
dence, that of Mexico being acknowledged in 1821. With her 
strength and energy tnus absorbed, it is not hard to understand 
why Spain did no more to colonize the northern parts of Mexico. 

1 Bancroft, North Mexican States and Texas, II 2. 

(58) ' 



— 4 — 

After the treaty of 1819, Texas, abandoned by the United States 
and neglected by Spain, was left for awhile almost entirely to 
itself. 

It was just at this time that Moses Austin presented his petition 
to locate upon vacant lands in Texas three hundred families from 
the United States. In her attitude toward the entrance into 
Texas of foreigners, especially those from the United States, Spain 
had been consistently exclusive. Her experience with the fili- 
busters had been so annoying that it was not unnatural that she 
should refuse peaceable admission to those who came so often as 
invaders. Therefore, when Austin, in 1820, made his petition for 
a grant of land in Texas, Governor Martinez, acting in accordance 
with instructions from the general commandant relative to per- 
sons coming from the United States, imperatively ordered him to 
leave Texas at once. And this attempt at Anglo-American colo- 
nization would have failed utterly but for the intervention of 
Baron de Bastrop — an influential German friend of Austin's, then 
in the service of the Spanish government — whom he chanced to 
meet just as he was on the point of leaving Bejar. By the help 
of Bastrop, Austin obtained the desired concession, although it 
was directly contrary to Spain's general policy. 

After the Mexican Eevolution it became necessary for Stephen F. 
Austin, who upon the death of his father had taken up the enter- 
prise, to have the grant confirmed by the Mexican authorities. 
For this purpose the matter was referred to the junta instituyente 
organized by the emperor, Iturbide, in 1822. 1 Austin's plan 
involved special legislation, but the presence in Mexico of sev- 
eral other men who were seeking grants 2 made necessary a gen- 
eral colonization law, which was enacted January 4, 1823. A 
new revolution, however, overthrew Iturbide, and all acts of his 
government were consequently declared void, March 19, 1823. 
During the next month the concession that had been made to Aus- 
tin was confirmed, but the other petitioners were still unprovided 
for. There was, therefore, the same need as before for general leg- 
islation, and on August 18, 1824, a new national colonization law 
was passed. This law made no detailed regulations, but left them 
to be established by the legislatures of the different states. On 
March 24, 1825, the congress of the state of Coahuila and Texas 
adopted the law '~>y which, with the exception of Austin's colony, 
all Texas was colonized. 

1 Bancroft, North Mexican States and Texas, II 62. 

2 Among these are said to have been Hayden Edwards, General Wilkin- 
son, Robert Leltwitc «"rl Green De Witt. 

(59) 



It is quite true that Mexico was naturallv more inclined than 
Spain had been to look with favor upon the Anglo-American colo- 
nization scheme; and j r et it is safe to say that the liberality of the 
system that was finally evolved was due far more to the wise and 
prudent conduct of Stephen F. Austin, than to any general policy 
on the part of the Mexican authorities. 

Through the national and state colonization laws just men- 
tioned, Mexico opened to foreigners as well as Mexicans all the 
vacant lands in Texas, except those within twenty leagues of the 
United States and those within ten leagues of the coast of the Gulf 
of Mexico. Barring the preference which was to be shown to the 
military and to native Mexicans, allowing them first choice, all 
were to be treated alike in the distribution of lands. Each im- 
migrant was required to prove by certificates from the authorities 
of the locality from which he came, his Christianity and good 
character. He must then swear to uphold the federal and state 
constitutions and to observe the Eoman Catholic religion. In 
return, the laws guaranteed the security of his person and property, 
and permitted him to engage in any honest pursuit. For the first 
ten years the new settlements were to be exempt from all taxes 
except such as might be levied to repel foreign invasion. 1 

There were three methods by which persons might secure lands in 
Texas — by purchase, by special grant, and through an empresario 
(contractor). Those who wished to receive land according to the 
first two methods had to appeal directly to the authorities at Sal- 
tillo, and then, provided the desired land fell within the grant of 
some empresario, to secure his permission. According to the third 
method the empresario received a large grant of land by application 
to the government, and upon this land he must undertake, by the 
colonization law of Coahuila and Texas, to settle at his own ex- 
pense within six years a specified number of families, apportion- 
ing to each, under regulations provided by law, the amount of land 
to which he was entitled. 2 The empresario was to receive a pre- 

1 This was the provision of the law of Coahuila and Texas ( Gammel, Laws 
of Texas, I 44, 45, 104). The imperial colonization law proclaimed by 
Iturbide, January 4, 1823, provided that the colonists should be free from 
all sorts of taxes, tithes, etc., for six years from the date of the concession, 
and that for the next six years they should pay half that was paid by 
other citizens of the empire (ibid., 30). When Austin's grant was con- 
firmed it was adjusted to this law (ibid., 31-33). The national coloniza- 
tion law, August 18, 1824, provided that colonists should be exempted 
from all taxes, etc., for four years from the publication of the law (ibid., 
39, 97). 

2 The grant, of course, did not confer on the empresario any right of 

(60) 



—6— 

mium of five sitios 1 of grazing land and five labors, 2 of which at 
least one-half must be non-irrigable, for every hundred families 
up to eight hundred so introduced. Should he fail to bring in at 
least one hundred families his contract was to be declared null. 

So numerous were the applications for such grants and so lavish 
was the Mexican government in disposing of territory, that in 
a short while the whole of the country from the Sabine to the 
Nueces was completely covered by the claims of the various em- 
presarios. Few of these grantees, however, fulfilled the conditions 
of their contracts. Of all the colonies founded upon these grants, 
Austin's was by far the most important. Next to it in point of 
success, influence, and historical interest must be ranked the one 
lying just west of it, founded by Green De Witt. 

II. De Witt's Contract. 

De Witt 3 was probably in Mexico as early as 1822, 4 seeking to 
obtain an empresario contract similar to that which had been 
granted to Moses Austin. The general law of 1824 concluded his 
business with the central government. His next step was to ap- 
ply to the state authorities at Saltillo. April 7, 1825, he petitioned 
to be allowed to settle four hundred families southwest of Austin's 

ownership. It simply gave him the privilege of settling a certain number 
of immigrant families in a district with prescribed limits. In the case of 
Austin's first grant, the limits were not fixed. 

1 A sitio, or square league, is twenty-five million square varas, or 
4428.4 acres. 

2 A labor is one twenty-fifth of a sitio. 

3 Almost nothing is known of De Witt's life before his coming to Texas. 
John Henry Brown gives the following information concerning him: 

He was born in Kentucky in 1787. He married Sarah Sealy, a native of 
western Virginia, who was born also in 1787 and who died in Gonzales in 
1854. From Kentucky he removed to Missouri, where he settled first in 
St. Louis County and then in Ralls County, of which he was at one time 
sheriff (Brown, History of Texas, I 341). Shortly after he had received 
his grant he was accused before the political chief at Bejar by Ellis 
Bean of having misappropriated public funds in "Islas Negras." But, as 
the result of an investigation made by Stephen F. Austin, who was ap- 
pointed by the governor to look into the matter, he was exonerated, Octo- 
ber 16, 1825 (correspondence between the political chief, Stephen F. Aus- 
tin, and the governor, from June 26, 1825, to October 17, 1825. Bexar 
Archives. The "Islas Negras" referred to in this correspondence I have 
not been able to locate). 

4 See above, p. 98, note. 

(61) 



— 7 — 

colony in the country bounded on the southeast by the ten coast 
border leagues, on the northeast by a line beginning on the right 
bank of the Lavaca where it is crossed by the line of the ten coast 
border leagues and running northwest to the Bejar-Nacogdoches 
road; on the northwest by this road, and on the southwest by a 
line two leagues southwest of, and running parallel with, the Gua- 
dalupe River. Some time before he made this petition De Witt had 
become acquainted, either in Missouri or in Mexico, with Stephen 
F. Austin. On January 8, 1825, Austin wrote a letter to Baron 
de Bastrop, at that time a member of the state congress of Coa- 
huila and Texas, recommending De Witt very highly and asking 
that the baron use his influence in securing land for him. As a 
result De Witt's petition was granted, 1 April 15, 1825, upon the 
following terms: 

1. Under penalty of losing all rights guaranteed him by the 
colonization law, 2 the empresario must agree to bring into this 
territory, within six years from the date of this grant, four hun- 
dred Catholic families whose moral character must be proved by 
certificates from the authorities of the localities from whence they 
came. 

2. When one hundred of these families should have arrived, 
the empresario must notify the government, in order that a com- 
missioner might be appointed to put the colonists in possession of 
their lands. 

3. In the location of colonists, all possessions held under legal 
title by persons already in the country must be respected. 

4. All official correspondence must be carried on in Spanish, 
and the empresario must establish schools giving instruction in that 
language. 

5. The empresario must organize the national militia, of which 
he should be commanding officer until further notice. 

6. The empresario must promote the building of churches in 
the new towns, supply ornaments and sacred vessels, and apply in 
due time for a priest. 3 

III. The Beginnings at Gonzales. 
Even before De Witt had presented his petition he felt so con- 
fident that it would be granted that he appointed James Kerr 4 as 

1 Baron de Bastrop to Austin, July 16, 1825, Austin Papers, class 0, 
no. 126. 

2 See above, pp. 99-100. 

s Empresario Contracts (MS.), 27-31. General Land Office, Austin, 
Texas. See Appendix III. 

4 Baker (A Texas Scrap Book, 290-292) gives the following data con- 

(62) 



— 8 — 

his surveyor-general. 1 Kerr resigned his seat in the Missouri sen- 
ate, of which he was then a member, and in February he arrived 
at Brazoria, where he remained until June. During this time he 
lost by death his wife and two little children. Entrusting to the 
care of friends in San Felipe his only remaining child, a little 
girl about three years old, 2 he and six other men 3 started out in 
search of a spot upon which to found the capital of the colony. 
From Brazoria they traveled west and arrived at the junction of 
the San Marcos and Guadalupe rivers, two of the prettiest streams 
in Texas. The beauty of the country, its rich lands and abundant 
water supply made the place a very suitable one for their purpose. 
On a little creek, called ever since Kerr's Creek, about two and 
a half miles east of the junction of the rivers, they erected cabins, 
August, 1825. A few weeks later the first family, that of Francis 
Berry, joined them. 4 Kerr then drew the plan of the town, which 
he called Gonzales in honor of Don Rafael Gonzales, the provisional 
governor of Coauhila and Texas. 5 These early settlers at Gon- 
zales were the only Americans west of the Colorado. De Leon and 

cerning Kerr's early life. He was born two miles from Danville, Ken- 
tucky, September 24, 1790. He was the son of James Kerr, a Baptist 
minister. With his father, brothers, and sisters he removed in 1808 to 
Missouri, and settled in St. Charles County. He took part in the war of 
1812-1815, was lieutenant under Captain Nathan Boone, and was a great 
favorite of Daniel Boone, the father of Nathan. He studied law, but never 
practiced. For a long time he was sheriff of St. Charles County. In 
1819 he married the only child of General James Caldwell, of St. Gen- 
evieve, speaker of the territorial house of representatives of Missouri. 
Kerr, then settled in St. Genevieve, was elected twice to the lower house 
of the legislature, and in 1824 to the State senate. In this body he es- 
tablished a reputation for wisdom, prudence, and honor. 

1 Brown, History of Texas, I 119. Brown is mistaken when he says Kerr 
received his commission from the government. When the governor heard 
of Kerr's appointment the next year, he expressly stated that it was not 
in the power of the empresario to appoint the surveyor, and ordered the 
commissioner, when he should be appointed, to put some one in Kerr's 
place. Titles, De Witt's Contract (MS.), 829-830. General Land Office. 
See below, page 115. 

2 She later became Mrs. J. C. Sheldon of Galveston ( Baker, A Texas 
Scrap Book, 291). 

3 Erastus (Deaf) Smith, Bazil Durbin, Geron Hinds, John Wightman, 
James Musick, and — Strickland (Brown, History of Texas, I 124). 

4 Brown, History of Texas, 1 124-125. 

"James Kerr to Saucedo, political chief, December 12, 1825. Bexar 
Archives. 

(63) 



— 9 — 

his Mexican colonists, sixty miles to the southwest, were their 
nearest neighbors, and Be jar, the nearest settlement to the west, 
was seventy-eight miles distant. 1 

The little frontier settlement, thus isolated, was destined to be 
shortlived. Early in July, 1826, during the absence of several of 
the colonists, who had gone to a Fourth of July celebration on the 
Colorado, the place was attacked by a party of Indians. 2 One 
man was killed and scalped, and his home was plundered. The 
survivors fled panic-stricken to the Colorado. It was not until the 
latter portion of the year that any attempt was made again to oc- 
cupy this section of the country. The following article concerning 
this disastrous event is the only detailed account of it I have found. 
It was published by the historian, Brown, in 1852, when some par- 
ticipants were still alive: 

Major Kerr had gone on business to the Brazos; Deaf Smith 
and Geron Hinds were absent on a buffalo hunt; and it was agreed 
that Bazil Durbin, John and Betsey Oliver and a very sprightly 
negro boy (a servant of Major Kerr) named Jack, should go on 
horseback to the Colorado celebration. 

They started on Sunday, July 2d, and encamped for the night 
on Thorn's Branch, fourteen miles east, having no apprehension 
of danger at that time. The little party, however, were doomed to 
disappointment, and about midnight, while sleeping soundly on 
their blankets, were suddenly aroused by the firing of guns and the 
yells of Indians. 3 Durbin was shot in the shoulder by a musket 
ball and badly wounded, but escaped with his companions into a 
thicket near by, the horses and other effects being left in the pos- 
session of the enemy. From loss of blood and intense pain, Durbin 
repeatedly swooned, but was restored by the efforts of his compan- 
ions and enabled to walk by noon on the following day, back to 
Major Kerr's cabins, where the party was astounded to find John 
Wightman lying dead and scalped in the passageway between the 
rooms, and the house robbed of everything, including important 
papers and three compasses, and that an unsuccessful attempt had 
been made to burn it. They hurried down to Berry's cabin, and 
found it closed and on the door written with charcoal — "Gone to 
Burnham's, on the Colorado." 

When Durbin and his companions left on the previous day, 
Strickland, Musick and Major Kerr's negroes (Shade, Anise and 

1 Brown, History of Texas, I 126. 

2 Kerr thought they were Wacos (Kerr to Austin, July 18, 1826. Austin 
Papers, class P, no. 1 ) . Others supposed them to be Comanches ( Ken- 
ney, History of Indian Tribes of Texas, in A Comprehensive History of 
Texas, I 763). 

8 These were probably the Tonka was (Kerr to Austin, July 18, 1826. 
Austin Papers, class P, no. 1 ) . 

(64) 



—10— 

their four or five children), went to Berry's to spend the afternoon, 
leaving Wightman alone at the cabins. Beturning late in the day, 
they found Wightman as described — yet warm in his blood. Hur- 
rying back to Berry's with the tidings, the entire party started for 
the Colorado, where they safely arrived, and were joined a few days 
later by Deaf Smith and Hinds. 

Durbin's wounds had already rendered him very weak, but his 
only alternative was to reach the same place on foot, or perish by 
the way. The weather was warm and there was imminent danger 
of gangrene making its appearance in his wound, to prevent which 
it was kept poulticed with mud and oak juice. Leaning on Betsey 
Oliver's arm he arrived at Burnham's on the afternoon of July 
6th, three days and a half after starting for that place. 1 

IV. The Settlement on the Lavaca River and Its Removal to 

Gonzales. 

Had Gonzales been the only center at which the colonists were 
gathering, its destruction would have been much more disastrous to 
the colony as a whole. But meanwhile another nucleus had been 
forming on the Lavaca Biver, and to it the attention of these fugi- 
tives and all newcomers was now directed. 

Although De Witt in the beginning probably had no idea of lo- 
cating permanently at the mouth of the Lavaca Biver, one of his 
first steps on his return from Saltillo after having obtained his 
grant had been the establishment near the river's mouth of a kind 
of port to receive immigrants. The colonists who had come by 
water landed at this place, and, on account of ignorance of the 
country, fear of the natives, and lack of a guide, many had located 
here temporarily. As a result, a little settlement, known familiarly 
for years afterward as the "Old Station," had sprung up here about 
six miles above the head of tidewater, 2 and it had grown faster 
than the settlement at Gonzales. 

In July, 1826, the very month in which Gonzales had been 
broken up, De Witt returned from Missouri with three families. 3 

1 Brown, History of Texas, I 126-127. 

2 De Witt to Austin, September 3, 1826. Austin Papers, class A, no. 22. 

8 Kerr to Austin, July 30, 1826 (Austin Papers, class P, no. 1) ; politi- 
cal chief to De Leon, September 5, 1826 (Bexar Archives). It was in 
1826, probably at this time, that De Witt's own family arrived (see special 
grant, appendix V). John Henry Brown makes several mistakes as to 
where De Witt was during 1826 and 1827. De Witt left Refugio for 

Austin's colony on his way to the United States in May, 1825 ( to 

Austin, May 12, 1825. Austin Papers, class D). In October he was at 
San Felipe (James B. Austin to Mrs. Perry. Austin Papers, class D, 
no. 85). On November 12 he was at Trinity, and he then expected to re- 
turn to his colony the next April (De Witt to Kerr, in Brown, History of 

(65) 



— 11 — 

Here he was soon joined by Kerr, who, now that the little settlement 
he had nurtured was no more, believed that the Lavaca was the most 
desirable place for the town. He felt that the colonists did not 
then have strength enough to rebuild Gonzales, and, moreover, he 
thought that even if they moved further into the interior they 
would soon be compelled, in order to secure sufficient territory, to 
extend their occupation to the Lavaca Eiver. 1 

In August he went to Be jar to ask the political chief 2 to assign to 
De Witt the whole Lavaca valley and to allow the colonists to re- 
main at the river's mouth. 3 On his way he made a thorough exam- 
ination of the land, selected a town site near the head of tidewater, 
and wrote a detailed description of the country to Austin. In 
speaking of the spot he had selected he, in his own way, becomes 
eloquent. "No place on earth," he writes, "can exceed this for 
beauty. The Elisian fields of the Mehometan Paradise never was 
so delightsome as these Prairies." 4 Kerr's mission to Bejar, how- 
ever, accomplished little. While the political chief made no oppo- 
sition to the existence of a station at the Lavaca to receive immi- 
grants, 5 he would not authorize the permanent location of colonists 
there. 6 

Texas, I 125). To undertake his journey to northern Missouri he needed 
funds. In order to secure them he sold bills for different amounts, which 
he promised to receive again at their face value as payment for land in 
his colony. Brown had in his possession eight of these bills, whose face 
value varied from five to twenty dollars. He gives the following literal 
copy of one of them: 
"No. 2. 

"This bill will be received as a cash payment for ten dollars 
on account of fees for land in De Witt's Colony. 

"River Guadalupe, district of Gonzales, 15th day of October, 
1825. 

"Green De Witt, Empresario." 

1 Kerr to Austin, July, 1826. Austin Papers, class D, no. 24. 

2 Unless otherwise stated "political chief" in this essay always means 
the political chief, or executive, of the district or department of Bejar. 

3 Kerr to Austin, August 8, 1826 (Austin Papers, class D, no. 30); 
Kerr to Austin, August 23, 1826 (Austin Papers, class D, no. 31). See 
below, p. 109. 

* Kerr to Austin, August 18, 1826. Austin Papers, class D, no. 23. 

5 In May, 1827, full permision was given them to hold permanently a 
warehouse that they had erected at the mouth of the Lavaca (Saucedo to 
principal commandant, May 1, 1827. Bexar Archives). 

6 Kerr to Austin, August 23, 1S26. Austin Papers, class D, no. 31. 

(66) 



— 12 — 

It will be remembered that the colonization law had provided 
that only by special permission of the government might the ten 
leagues bordering on the coast be occupied by any colonist. But 
the coast was considered a valuable possession, since portions of 
it were better protected than the interior from Indians. 1 It 
was, moreover, a very convenient stopping place, for the favor- 
ite route into Texas was by water down the Mississippi Eiver 
and across the Gulf of Mexico. The tendency among the colo- 
nists, therefore, was to claim that the ten littoral leagues should 
begin with the gulf itself, and thus, taking into consideration the 
islands, peninsulas, and bays, the ten leagues would be almost cov- 
ered by the time the shore was reached. When Kerr asked to be 
allowed to occupy the Lavaca it never occurred to him that this sec- 
tion was not open to colonization, and the Mexican officials at Be jar 
seemed likewise to have overlooked this fact. The general under- 
standing among all the De Witt colonists was that the government 
had given them permission to settle up to the shore of Matagorda 
Bay. 2 

Even though it was not originally their intention to locate here 
permanently, the colonists, so long as they were not disturbed in 
their occupation of the coast, gave little attention to their lands 
further inland. De Witt began to regard the station on the Lavaca 
as a place of "shelter and safety on landing in this vast wilder- 
ness." 3 He engaged the services of a schooner, Dispatch, for a 
term of four years to convey immigrants and their cargoes to the 
colony. A small warehouse 4 in which to store their goods was 
constructed at the mouth of the Lavaca. 5 By August, 1826, there 
were about forty men, women, and children collected here. 6 Lands 
were distributed, cabins erected, and James Norton was appointed 
alcalde for the remainder of the year. 7 

'Kerr to Austin, July, 1826 (Austin Papers, class D, No. 24) ; De Witt 
to Austin, September 3, 1826 (Austin Papers, class A, no. 22). 

2 De Witt to political chief, September 13, 1827. Appendix to Empresa- 
rio Contracts (MS.), II 182. General Land Office. De Witt's colony was 
in this department till March 18, 1834, when it was made part of the 
newly created department of the Brazos. 

3 De Witt to Austin, Setpember 3, 1826. Austin Papers, class A, 
no. 22. 

4 See above, p. 105, note 4. 

B De Witt to Austin, September 3, 1826. Austin Papers, class A, no. 22. 

6 Kerr to Austin, August 8, 1826. Austin Papers,- class D, no. 30. 

'Political chief to De Witt, October 25, 1826. Bexar Archives. 

(67) 



— 13 — 

The important part that Kerr had taken in these activities at 
the Lavaca station was shown by the position which he was given 
by De Witt on July 14, 1827. There seems to have been an un- 
derstanding between the two from the first that Kerr was to act 
as De Witt's agent whenever it seemed advisable. But now De 
Witt officially appointed Kerr as his attorney for the colony. 1 By 
this act De Witt conferred upon Kerr authority 

L ,o do and perform all and singular the duties im- 
posed upon me, the said De Witt, * * *; and my name to 
use as his own, at his will and pleasure, touching these premises to 
carry into effect all legal proceedings by me made ; to seal, execute 
and deliver such grants, deeds and conveyances and other instru- 
ments as might be fit and lawful for me to do under the coloniza- 
tion law, the instructions of the commissioner and political chief, 
and also of the state and general government ; hereby ratifying and 
confirming and by these presents allowing whatsoever my said at- 
torney shall in my name, lawfully do, or cause to be done in and 
about the premises. 2 * * * 

The reasons De Witt assigned for this step were that he himself 
intended either to go to war against the Indians, or to return to 
the United States to encourage immigration; that the business 
was too much for one man, and, therefore, an agent was needed; 
and that Kerr's competence and integrity made him specially fit 
for the place. 3 Kerr had proved himself so capable that the colo- 
nists, too, desired that he be given a large portion of the au- 
thority.* 

It would seem that by this time the people had ceased to look 
upon the Lavaca settlement as a temporary location. They began 
their second year by planting another crop and making new im- 
provements. But, if it was now their intention to make of this 
a permanent settlement, they were destined to be as unsuccessful 
here as they had been at Gonzales. The settlement at Gonzales 
had been destroyed by an Indian attack. This one was to be 
abandoned, partly as a result of a quarrel embittered by race feel- 
ing, which arose between these American colonists and their Mexi- 

*De Witt to political chief, July 14, 1827. Appendix to Empresario 
Contracts, II 181. 

2 Brown, History of Texas, I 129. 

3 De Witt to political chief, July 14, 1827. Bexar Archives. 

4 Kerr to Austin, February 26, 1827. Austin Papers, class E, no. 149. 
"The people," he says, "are anxious that the Colonel [De Witt] should 
appoint some person to manage his affairs. Think over this and perhaps 
you had better write him." 

(68) 



—14— 

can neighbors, but more because of the suspicion on the part of 
the authorities that this place was a seat of contraband trade. 

The dispute with the Mexicans grew out of a conflict of land 
claims. Upon De Witt's return from Mexico in 1825, he had 
started up to Gonzales, where Kerr was at this time. On parsing 
through the country he was much surprised to find that the center 
of his grant had been occupied by a Mexican empresario, Martin 
de Leon, who had already established a nourishing little town, 
which he called Guadalupe Victoria. Investigation of the affair 
revealed that, on April 13, 1824, De Leon had received permission 
to settle forty-one Mexican families on vacant lands in the state. 
No boundaries for his colony had been designated, but it was un- 
derstood by his colonists that they were to occupy all the land be- 
tween the Lavaca and Guadalupe rivers, from the La Bahia-Nacog- 
doches road to the ten coast border leagues, a territory which in- 
cluded a large portion of De Witt's grant. When De Witt arrived, 
twelve of the Mexican families, beside sixteen American families, 
had already settled upon a portion of this territory, and had opened 
their fields, planted their crops, and organized their town. 1 De 
Witt's arrival threw everything into a state of confusion. Legally 
the land was part of his grant, for it had been assigned to him by 
the state authorities, and he had government papers to prove his 
claims. And yet, the government had made an indefinite conces- 
sion of land to De Leon a year before De Witt's petition was 
granted, and De Leon had been occupying this particular section 
more than six months when De Witt's boundaries were designated. 
By his contract De Witt was required not to molest persons al- 
ready legally in possession of land within his grant. He there- 
fore wrote the governor 2 asking permission to give to De Leon 
all the land south of the lower Atascosito road on both banks of 
the Guadalupe, reserving for himself a strip two leagues in width 
west of the Lavaca, but at the same time compensating himself by 
extending his colony above on the San Marcos and Guadalupe rivers 
sufficiently to settle his four hundred families. 3 De Leon seeing the 
difficulty of the situation, concluded that the strength of his posi- 
tion lay in the fact that he was a native Mexican. Claiming the 
preference guaranteed to such by law 4 he presented a petition ask- 

1 Record of Translations of Empresario Contracts (MS.), 55-66. Gen- 
eral Land Office. 

^August 2, 1825 (Kerr to political chief, December 12, 1825. Appendix 
to Empresario Contracts, II 177-180). 

3 Ibid. 

* Bee above, p. 99. 

(69) 



— 15 — 

ing that his right to the land be recognized ; that he be allowed to 
give to his colonists those lands in this section not yet occupied by 
De Witt; and that the boundaries of his town be designated. To 
this the governor replied, on October 6, 1825, that the commissioner 
should distribute the lands in question to De Leon's colonists and 
formally lay out the town of Guadalupe Victoria; and that De Witt 
should be informed of this decision in order that he might not inter- 
fere with the inhabitants of Victoria. 1 To De Witt's letter he replied 
on the same day, restating the provision of his contract commanding 
him to respect the claims of all persons on his lands holding legal 
titles. He admitted, however, that the land De Leon was occupy- 
ing was included in the grant made to De Witt. 2 

A year later, as has already been shown, 3 Kerr made another at- 
tempt to secure the whole of the Lavaca Eiver for De Witt. He 
repeated in substance the request that De Witt had made, that lands 
along the Guadalupe be given to De Leon in exchange for his in- 
terests on the Lavaca. But the political chief seemed to prefer to 
allow De Witt and De Leon to settle the matter for themselves. 4 

It is quite probable that these conflicting land interests had 
caused more or less ill feeling between De Witt's and De Leon's 
colonists. Indeed, without presupposing the existence of some irri- 
tation, we can not account for the bitterness exhibited in the petty 
trouble that now arose concerning contraband trade — an affair 
which, in its bearing upon the dissolution of the settlement, was 
of more importance than the land quarrel. 

In October, 1826, the schooner Escambia landed at the mouth of 
the Lavaca Eiver bringing on board a gentleman from Missouri, 
Thomas Powell by name. He had come with all his property to 
settle in this country, hoping to find here a climate more condu- 
cive to his health. Upon landing, Powell presented himself to 
De Witt, and received permission from him to select lands and 
settle in his colony. 5 The cargo, with the exception of one boat- 
load that had been sunk, 6 was landed and carried up to the station 

1 Record of Translations of Empresario Contracts, 55-66. 

2 Kerr .to political chief, December 12, 1825. Appendix to Empresario 
Contracts, II 178-180. 

1 See above, p. 105. 

4 Kerr to Austin, August 23, 1826. Austin Papers, class D, no. 31. 

"Powell to Austin, October 24, 1827. Austin Papers, class D, no. 16. 

'Alcalde of De Witt's colony to Saucedo, November 8, 1826. Bexar 
Archives. 

2— Bulletin (70) 



—16— 

to sell to the colonists. 1 There was also on board this ship an 
individual, a Doctor Oldivar, 2 who was of French origin, but who 
claimed to be at this time a Mexican officer. 3 He obtained Powell's 
confidence by offering to help him sell his goods, and found that in 
the cargo was a large quantity of tobacco, a contraband article, con- 
cerning the introduction of which Mexico was especially strict. He 
must have reported the affair to De Leon immediately, for in a short 
while, at De Leon instigation, the whole cargo was seized. 4 Oc- 
tober 25, the political chief ordered all the goods except the tobacco 
released. 5 October 29, the political chief, as a result of some kind 
of a report made on the 18th by De Witt, commissioned De Leon 
to go with a force from La Bahia to the house of De Witt and to 
seize a second time all the goods brought by the Escambia, and also 
to try to learn where and by whom the tobacco had been hidden. 6 
De Leon, therefore, accompanied by the military commandant at 
La Bahia, Don Bafael Manchola, started for the Lavaca. 

Startling reports as to the object of their coming had preceded 
Manchola and his troops, and there was great confusion at the 
station. They were coming, it was said, "to cut off the white peo- 
ple as far as the Colorado and then kill them." The colonists were 
told that De Leon had threatened to carry back with him De Witt's 
head tied to his saddle. 7 The Americans armed themselves to re- 
ceive the Mexicans. 8 Kerr, although evidently not altogether com- 
posed, 9 did what he could to relieve their fears and to induce them 
to lay their arms aside. But it was not until after the arrival of 

1 De Witt to Austin and Samuel M. Williams. Austin Papers, class E, 
no. 59. 

2 Ibid. The name was most probably Oliver, the Mexican pronunciation 
of which might easily become Oldivar. 

s Kerr to Austin, November 12, 1826. Austin Papers class P, no. 1. 
Manchola, the military commandant at La Bahia, denied this claim. 

4 De Witt to Austin and Samuel M. Williams. Austin Papers, class E, 
no. 59. 

"Political chief to De Witt, October 25, 1826. Bexar Archives. 

9 Political chief to De Leon. Bexar Archives. 

7 Kerr to Austin, November 11, 1826. Austin Papers, class P, no. 1. 

8 Political chief to vice-governor, December 1, 1826. Bexar Archives. 

8 "Altho 1 myself are not easily alarmed, yet I confess that I scarcly 
new what to be about." (Kerr to Austin, November 11, 182o. Austin 
Papers, class P, no. 1 ) . 

(71) 



— 17 — 

Manchola, when they were convinced that they were not to be im- 
mediately annihilated, that they could be persuaded to do so. 
After taking possession of the colonists' guns, which they promised 
soon to return, 1 and seizing all of Powell's property, the troops 
withdrew, taking with them to La Bahia several of the colonists, 
among whom was De Witt, his head still on his shoulders, be it 
noted. 2 

During all this disturbance Oldivar was at the station helping 
the Mexican officials in every way possible, and "exercising," as 
Kerr said, "great pomp and dictatorialship." 3 His next move was 
an attempt to secure De Witt's removal from the position of em- 
presario and to bring him into disgrace. To accomplish this pur- 
pose he tried to make an agent of James Norton, the alcalde. 

On November 7, the day before Manchola's troops left the La- 
vaca, Oldivar went to Norton, and promised that if, in his official 
communication to the governor, Norton would commend him for 
good conduct and reputable behavior, he in turn would attempt to 
secure for him De Witt's position as empresario. This he consid- 
ered would be easy to accomplish, for he claimed that there were 
papers in the possession of the government which, if brought to 
light, would ruin De Witt. But Norton firmly refused to listen 
to such a proposal, claiming that De Witt's conduct had always 
been patriotic and loyal to the government. 4 

Kerr was by this time fully convinced that Oldivar was acting 
under a bribe from De Leon. 5 So great was the feeling of sus- 
picion now existing between the two colonies that Kerr felt that if 
De Witt and the other prisoners were detained at La Bahia and the 
affair investigated there the worst consequences might be feared. 
Three men, therefore, were sent to Be jar to urge the politi- 
cal chief to have all parties appear before him. Kerr and De Witt 

1 Some of the guns were returned later, but in such a condition that they 
were worthless (Kerr to Austin, January 24, 1827. Austin Papers, class 
F, no. 1 ) . This was a great hardship, as the colonists had daily use for 
their guns, either to provide themselves with game, or as a means of de- 
fense against attack (De Witt to Austin, April 3, 1827. Austin Papers, 
class P, no. 1 ) . 

2 Kerr to Austin, November 11 and 12, 1826. Austin Papers, class P, 
no. 1. Kerr says De Witt did not know whether or not to consider him- 
self a prisoner. 

*Kerr to Austin, November 11, 1826. Austin Papers, class P, no. 1. 

4 Norton to Austin, December 13, 1826. Austin Papers, class E, no. 126. 

"Kerr to Austin, November 11, 1826. Austin Papers, class P, no. 1. 

(72) 



— 18 — 

both wrote to Austin insisting that he or Samuel M. Williams, the 
secretary of Austin's colony, be present in Bejar when the affair 
should come up. 1 

All at once the whole matter seems to have been satisfactorily 
adjusted; for it is no longer referred to in the correspondence be- 
tween the principals, and De Witt, uninjured, again appeared at 
the Lavaca. 2 The settlement was probably effected through Aus- 
tin's influence. He had been appealed to at every turn in the 
quarrel; and, in view of the Fredonian insurrection then taking 
place at Nacogdoches, he was especially desirous of maintaining 
mutual confidence between the colonists and the central govern- 
ment. 3 In this he was successful, for throughout the whole trouble 
between De Witt and De Leon there was never one complaint made 
by the parties to the quarrel against the authorities. The political 
chief was spoken of as "our good and honorable friend." Through 
Austin's influence, a delegation, of which Kerr was a member, was 
sent from the colony to remonstrate with the Fredonians of Ed- 
ward's colony, 4 and when, early in 1827, the government called for 
help against these revolutionists Kerr, supported apparently by the 
sympathy of all the colonists, was one of the first to respond. 5 

1 Kerr to Austin, November 11, 1826 (Austin Papers, class P, no. 1); 
De Witt to Austin and Williams (Austin Papers, class E, no. 59). 

2 Three permits granted to settlers by bim at the station are dated De- 
cember 13, 1826 (Brown, History of Texas, I 128). 

3 Kerr to Austin, November 12, 1826. Austin Papers, class P, no. 1. 

4 Brown, History of Texas, I 138. 

6 Kerr to Austin, January 24, 1827. Austin Papers, class F, no. 1. 
It was no doubt due to Austin's influence that soon after the adjustment 
of these difficulties the people of De Witt's colony met and drew up the 
following resolutions (Ibid.) : 

"At a meeting of the people of De Witt's Colony at the establishment 
on the La Vaca (notice having been given for that purpose) Mr. Byrd 
Lockhart was called to the chair, and James Norton Esq. was chosen 
Secretary, when the following resolutions were read and unanimously 
adopted. 

"1st. Resolved. — that the people of this colony came to, and settled in 
the Mexican Nation, by the benign influence of her laws: — that as 
adopted children [they] have full confidence and faith in the equity, 
justice and liberality in the Federal and State Governments of their new 
parent. 

"2d. Resolved, that their great object in leaving their parent country, 
and migrating hither, was not for the purpose of unsheathing the sword 
of Insurrection, war, bloodshed, and desolation, but as peaceable and in- 
dustrious subjects, to cultivate and inhabit the bounteous domain so lib- 

(73) 



—19— 

Nevertheless there were still chances for the recurrence of at- 
tempts at smuggling on the Lavaca. And out of this and the prox- 
imity of the unfriendly Mexicans and Americans to each other 
there was still a probability of the continuance of the quarrel. 1 
These circumstances, therefore, induced the government to cut the 
Gordian knot by breaking up the Lavaca settlement. 2 Conse- 
quently the political chief ordered, August 29, 1827, that within 
one month all De Witt's colonists remove to Gonzales. 3 

This order came at an inopportune time. All their wagons had 
gone to Bejar, and, as the road for the greater part of the way had 
to be opened, they were not expected back for some time. More- 

erally extended and offered them by the Governors of the land of their 
choice. 

"3rd. Resolved, that we hope the Mexican Nation will draw a just 
line of distinction between the honest, industrious and peaceable Amer- 
ican emigrants, and those of bad character, whom we consider as refugees, 
and fugitives from justice, who have raised the flag of 'Independence' at 
Nacogdoches, but with them have spread confusion, robberies, oppression, 
and even bloodshed: that we look upon the ring-leaders of that party with 
contempt and disgust, and that they are unworthy the character of Amer- 
icans. 

"4th. Resolved, that we feel every sentiment of gratitude toward our 
fellow citizen and brother His Excellency the Political Chief and the offi- 
cers and men with him for their indefatigable exertions by forced marches 
&c. to allay, suppress, and bring to condign punishment those persons 
who may be found guilty of treason against this Government; and to es- 
tablish subordination, good order and tranquility. 

"6th. Resolved, that the Chairman and Secretary sign the foregoing 
resolutions, and transmit the same to Col. Stephen F. Austin and that he 
be requested to translate them, and submit them to His Excellency the 
Political Chief. 

"Done at the Labaca Station in Dewitt's Colony this 27th day of Jan- 
uary 1827. 

"Byrd Lockhakt, 

"Chairman 

"James Noeton, Secretary" 

J Anastacio Bustamante, general commandant, to political chief, August 
18, 1827. Bexar Archives. 'The secret introduction of prohibited goods, 
which is being carried on at the Lavaca, and the disturbances of public 
tranquillity which are still liable to arise there * * * make it neces- 
sary for you to order their [De Witt's colonists'] removal.' 

2 Powell had returned to Texas (Powell to Austin, October 24, 1827. 
Austin Papers, class D, no. 16) bringing with him a second time con- 
traband goods (Anastacio Bustamante to political chief, November 28, 
1827. Bexar Archives). 

3 Political chief to De Witt, August 29, 1827. Bexar Archives. 

(74) 



— 20 — 

over, the crops were all still in the field, and the year's produce 
alone stood between many of them and starvation. Kerr, there- 
fore, September 13, carried to Be jar a petition, signed by fifteen 
of the colonists, setting forth the state of affairs and asking for 
more time. 1 Accordingly, on September 28, the time was ex- 
tended to December l. 2 

In spite of this concession, the colonists felt considerably irri- 
tated at being moved about so unceremoniously. Some of them 
threatened to go back to the "States" and others to Austin's colony. 3 
Another petition from De Witt to Governor Viesca, extended the 
time for removal through the first six months of 1828. 4 But by 
December 17 the settlement on the Lavaca had been abandoned. 5 

Meanwhile Gonzales had begun to flourish again. By the early 
part of 1827 some of the people who had fled to the Colorado the 
year before had returned. Together with new colonists who had 
joined them they erected blockhouses, 6 and, profiting by their un- 
fortunate experience of the year before, they constructed a small 
fort in which to take refuge in case of an Indian attack. 7 This 
little settlement on the Guadalupe was now augmented by the ar- 
rival of the families from the Lavaca. 8 

V. The Organization of the Colony. 

From this time on the colony grew rapidly, and its organization 
affords an excellent example of the development of Mexican local 
institutions in an Anglo-American settlement. 

During the next three years more than the required one hun- 

1 De Witt to political chief, September 13, 1827. Appendix to Empre- 
sario Contracts, II 182. 

2 Political chief to De Witt, September 28, 1827. Appendix to Empre- 
sario Contracts, II 183. 

3 Kerr to Saucedo, October 18, 1827. Bexar Archives. 

4 Viesca to political chief, November 17, 1827, Appendix to Empre- 
sario Contracts, II 192-193. 

5 Anastaeio Bustamante to political chief, December 23, 1827. Bexar 
Archives. 

"De Witt to Austin, April 3, 1827. Austin Papers, class P, no. 1. 

7 De Witt to political chief, undated. Bexar Archives. 

8 It was not long after the union of the two settlements that the census 
given as appendix VII was taken. This is the only census of the colony 

(75) 



—21— 

dred families had arrived, 1 and in January, 1831, Jose Antonio 
Navarro was appointed commissioner of the colony by Governor 
Viesca. 2 In the colonization system, next to the empresario the 
commissioner was perhaps the most important personage. It was 
his duty to administer the oath of allegiance to the colonists, and 
to examine the certificates of good moral character and Christian 
belief which they were required to bring with them ; to issue land 
titles on paper of the second seal to the new settlers in the name 
of the state, and to keep a record of such titles on paper of the third 
seal in a book which should be bound in calf and kept in the ar- 
chives of the new colony; 3 to send to the government an abstract 
of these titles, giving the number and names of all the colonists, 
the quantity of land assigned to each, and designating those lands 
which were for cultivation, whether irrigable or non-irrigable, and 
those which were for grazing. He was also to appoint upon his 
own responsibility, a trained surveyor for the colony and to oversee 
his work. He was to select sites for the new towns of the colony ; 
to plan them and send copies of the plans to the government; to 
supervise the laying out of these towns according to instructions; 
and to see to the distribution of town lots, of which a record was 
also to be kept. He was to see that a ferry was placed at each 
crossing of the rivers and to fix a moderate toll rate. Finally, he 
was to preside at popular elections for choosing the ayuntamiento.* 
Navarro's first step after receiving a copy of the instructions to 
commissioners was to appoint Byrd Lockhart surveyor, April 14, 
1831. 5 In 1825, De Witt upon his own authority had named Ken- 
surveyor general. 6 When the governor heard of the appointment the 
next year he declared it illegal, and ordered that the commissioner, 
when he should be named, put some one else in Kerr's place. 7 In 
spite of this fact Kerr had continued his work as surveyor at Gon- 

that I have yet been able to find. The original is in the Nacogdoches 
Archives, no. 317, State Library, Austin, Texas. 

1 See above, p. 101. 

2 Viesca to Navarro, January 29, 1831. Titles, De Witt's Contract, 813- 
816. 

8 Paper of the first seal was worth six pesos per leaf ; of the second 
seal, twelve reales; of the third seal, two reales; and of the fourth seal, 
one cuartilla. The books containing these titles were all collected after 
the Revolution, and are now to be found in the General Land Office. 

4 Instructions to Commissioners, September 4, 1827 (Sayles, Early Laws 
of Texas, I 73-76.) 

6 Titles, De Witt's Contract, 825. 

6 See above, p. 101. 

'Titles, De Witt's Contract, 829-830. 

(76) 



— 22 — 

zales and, after the destruction of that place, in the Lavaca dis- 
trict. When Gonzales began to build up again, Kerr, preferring 
to remain at the Lavaca, had commissioned Byrd Lockhart deputy- 
surveyor, 1 to continue surveying about Gonzales. And now, when 
Navarro, acting by the authority vested in him as commissioner, 
made Lockhart the legal surveyor, these early surveys of Kerr and 
Lockhart were approved. 2 But the majority of the surveys were 
made during the years 1831 and 1832. On November, 9, 1832, 
Navarro sent to the political chief and to the governor complete 
lists of the grants that had been made in DeWitt's colony. 3 These 
were approved by the government, May 23, 1833. 4 

The colonization law of March 24, 1825, allowed to each family 
brought in by an empresario, if its occupation was cattle raising, 
a sitio of land, and to each family whose occupation was farming, 
a labor. If a family was engaged in both stock raising and agri- 
culture it received both a sitio and a labor of land. A single per- 
son was to receive only one-fourth as much, but, on marrying, the 
other three-fourths were to be added, and, in case he married a 
Mexican, an additional fourth was to be granted. 

The expenses that each colonist incurred in acquiring this land 
were the surveyor's fees, the commissioner's fees, the price of the 
stamped paper upon which the original and the attested copies 
of his title were made, and a small sum of money that was to be 
paid to the state. The surveyor's fees were eight pesos for the 
survey of a sitio, three for the survey of a labor, and twelve reales 
for the survey of a lot. 5 The commissioner's fees were fifteen 
pesos for a sitio of grazing land, two pesos for a labor of tempo- 
rales? and twenty reales for a labor of irrigable land. 7 

1 December 12, 1826 (Brown, History of Texas, I 129). 

2 Navarro to Ramon Musquiz( August 1, 1831. Appendix to Empresario 
Contracts, II 248-249. Byrd Lockhart was assisted in his surveying by 
Charles Lockhart. 

8 There were more inhabitants in the territory of De Witt's colony than 
these lists showed. This is evident from the fact that town lots in Gon- 
zales were given to individuals who never received headrights as colonists. 

4 Appendix to Empresario Contracts, II 273-274. 

6 Sayles, Early Laws of Texas, 1 78-80. The colonization law of March 
24, 1825, section 39, had provided that the surveyor's fees should be fixed 
by the commissioners. But because of the abuse that was liable to grow 
out of such an arrangement the government in 1830 placed these fees at 
fixed amounts. 

* Sandy stretches near a river. They are not irrigated, but depend upon 
rain and subirrigation from the river. In this way they are distin- 
guished from irrigable and non-irrigable lands (The Quarterly, III 63). 

1 Sayles, Early Laws of Texas, I 77. 

(77) 



— 23 — 

The colonization law fixed the sum that was to be paid to the 
state as follows: For a sitio of grazing land, thirty pesos; for 
a labor pi non-irrigable land, two pesos and a half; and for a labor 
of irrigable land, three pesos and a half. These payments might 
be made in three installments, at the end respectively of the fourth, 
fifth, and sixth years. 1 

To obtain a complete title to land in De Witt's colony under the 
empresario system six steps had to be taken. 

1. The empresario must fill out a printed blank certificate giv- 
ing the name of the the applicant, the date of his arrival, the size 
of his family, and a statement of the fact that the required oath of 
allegiance to the Mexican government had been taken before the 
alcalde. 2 

2. The applicant must then present his petition along with 
this certificate to the commissioner, 3 designating the land he de- 
sired. 

3. The commissioner must hand to the empresario, for his 
identification and approval, the certificate and petition. 

4. The empresario must return the certificate and petition with 
his approval to the commissioner. 

5. The commissioner must order the title to be issued. 4 

6. The commissioner must issue the title, in which were in- 
cluded the surveyor's field notes. 5 

1 Colonization Law of Coahuila and Texas, March 24, 1825, section 22. 

2 It was the duty of the commissioner to administer this oath ( Instruc- 
tions to Commissioners, September 4, 1827, section 3). But in the ab- 
sence of a commissioner the alcalde was to perform this duty. The cer- 
tificate blanks for De Witt's colony were printed before the commissioner 
for the colony was appointed; therefore they all state that the alcalde 
has administered the oath. 

a With the exception of a title to a special grant made to James Kerr 
in 1830, no titles were issued in De Witt's colony until after the appoint- 
ment of Navarro (see date of titles, appendix I). All the petitions for 
lands, therefore, were presented to him as commissioner. 

4 Note that the commissioner himself was to issue the title. This order, 
therefore, was a mere form. 

6 In the books that contain the original titles of De Witt's colonists, the 
papers relating to each deed were grouped together, with the certificate 
which was filled out by the empresario as the first step toward the issu- 
ance of a title last in order. For an illustration of a complete deed, see 
appendix IV. 



(78) 



— 24 — 

The special grant was practically a gift from the state. 1 It was 
intended primarily as a means of rewarding individuals for either 
civil or military service. But in reality almost any applicant, 
regardless of merit, might secure in this way large tracts of choice 
lands. This is well illustrated by the few special grants that were 
made within the limits of De Witt's colony. The following are the 
reasons assigned by the persons to whom these grants were made 
for applying in this way for lands. In some cases these reasons 
were evidently good; in others they were hardly worth considera- 
tion. 

Joseph de la Baume had lived in Bejar since 1806 and had "been 
promised land. 

Jesus Cantu was poor. He had been in the country twenty- 
two years, and had married a Mexican. 

Marjila Chirino claimed that land had been given her husband, 
who had been a lieutenant and an alcalde of Bejar, and she now 
asked for it. 

Joseph D. Clements gave no reason. 

Benjamin and Graves Fulshear 2 had spent seven years in mili- 
tary service. 

Eligio Gortari desired property. 

James Kerr had served against Indians and laid out roads. 

Byrd Lockhart in 1827 had opened a road from Bejar through 
Gonzales to San Felipe de Austin and another from Gonzales along 
the right bank of the Lavaca Eiver to Matagorda Bay. The actual 
cost of these roads had been over four thousand pesos, and a mod- 
erate price for the labor expended was one thousand pesos. He 
therefore asked, by way of compensation, for four leagues of land. 

Anastacio Mansola had been in the country forty-two years. He 
had served as presidial at Bejar, and for this he had been poorly 
paid. 

Edward Pettus had been in the country since 1822. His father 
was very poor and had suffered many hardships. 

William Pettus had fought the Indians and had helped to keep 
quiet in the country. He had also helped De Witt and had given 
to him and to poor people both money and property. 

Jose Maria Salinas was one of the first settlers in the country and 
he desired lands. 

1 The fees appear to have been the same as when the title was secured 
through an empresario. 

2 This name was variously spelled by the men that bore it ( see appen- 
dix I). 

(79) 



— 25 — 

Sarah Seely (Mrs. Green De Witt) had suffered much hardship 
in this frontier colony. The business projects of her husband, 
Green De Witt, had not succeeded well, and the family was in 
straitened circumstances. 1 

Jose Antonio Valdez gave no reason. 2 

Mexicans who wished to acquire more land than could be ob- 
tained under the empresario system might purchase from the state 
an additional amount. But land could be sold in this way only 
to Mexicans. The price that was to be paid by such purchasers 
was fixed by the colonization law of March 24, 1825, at one hun- 
dred pesos a sitio for grazing land, one hundred and fifty pesos 
a sitio for non-irrigable agricultural land, and two hundred and 
fifty pesos for irrigable agricultural land. But neither by pur- 
chase nor by special grant, nor by the empresario system was it 
permissible for more than eleven leagues to fall into the hands of 
anyone except an empresario, who must promise to alienate the 
excess above that amount within twelve years. Six years were al- 
lowed to all classes of settlers in which to put the lands into culti- 
vation. The penalty of failure was reversion to the government. 

The colonization laws encouraged in every way the formation of 
new towns. Foreigners of any nation were allowed to found towns 
on any vacant lands, or even on lands previously appropriated by 
individuals, provided the advisability of such a step were generally 
recognized and the individuals properly indemnified. Four square 
leagues were set aside for each town. 3 

One important work of a commissioner was, as we have seen, 
to supervise the laying out of new towns. For his guidance in this 
work he was given explicit instructions. The town was to be laid 
out by lines running north and south, and east and west. A square 
measuring one hundred and twenty varas on each side, exclusive of 
streets, was to be marked off and called the principal or constitu- 
tional square. The block facing this square on the east was to be 

1 See appendix V. 

2 Titles to special Grants by Jose Anto. Navarro in De Witt's colony 
(MS). General Land Office, Austin, Texas. 

3 The similarity of this regulation to the old Spanish method of found- 
ing towns as set forth in the colonization laws enacted by Philip II. is 
noteworthy. According to these laws a grant of four square leagues was 
assigned either to an individual who should undertake to found upon it 
within a given time a villa composed of at least ten persons, each pro- ' 
vided with a prescribed amount of property, or to ten or more married 
persons who, upon their own initiative, should agree to form a settle- 
ment (Recopilacion de Leyes de los Reynos de las Indias, Libro IV, Titulo 
V, Leyes VI, VII, X). 

(80) 



— 26 — 

set aside for a church, curate's dwelling, and other ecclesiastical 
buildings : that on the west was to be reserved for municipal build- 
ings. In some suitable place, which the commissioner might 
choose, a square was to be laid out for a market square. The com- 
missioner was also to select a block for a jail and a house of cor- 
rection, another for buildings designed for public instruction, and 
another, without the limits of the town, for a cemetery. Streets 
were to be twenty varas wide. Town lots were to be appraised and 
sold at public auction, and payments made in three installments 
at the end respectively of six, twelve, and eighteen months. The 
funds obtained from the sale of lots were to go toward the build- 
ing of churches in the towns, and a tax of one peso was levied 
upon all owners of lots for the same purpose. Lots were to be 
given free of cost to empresarios and to all kinds of mechanics. 1 

When Kerr had been irregularly appointed surveyor by De Witt 
in 1825 he had drawn up a plan of the town of Gonzales. 2 This 
plan was sent, December 12, 1825, to the political chief, who in 
turn forwarded it to the governor, February 5, 1826. 3 On March 
10, the governor returned to the political chief his approval. 4 But 
as Gonzales was broken up soon afterward it is probable that Kerr 
was never notified of this fact. 

By 1831 the newly established Gonzales had grown to such an ex- 
tent that it became necessary again to take steos toward laying out 
the town. Navarro was now informed that, although Kerr, in 
forming the plan of the town in 1825, had not followed exactly 
the prescribed rule as set forth in the instructions to commissioners, 
issued April 26, 1825, 5 the governor had approved the plan, coup- 
ling his approval with an order that the public squares should be 
designated. 6 

In 1832 under Navarro's supervision Byrd Lockhart surveyed the 
town tract containing the four square leagues of land to which each 

1 Instructions to Commissioners, September 4, 1827. 

2 See above, page 102. 

8 Political chief to Navarro, April 14, 1831 (Titles, De Witt's Contract, 
829-830) ; James Kerr to political chief, December 12, 1825 (Bexar Ar- 
chives ) . 

'Political chief to Navarro, April 14, 1831. Titles, De Witt's Con- 
tract, 829-830. 

5 1 have not been able to find a copy of these early instructions. 

"Political chief to Navarro, April 14, 1831. Titles, De Witt's Con- 
tract, 829-830. 

(81) 



— 27 — 

town was entitled. 1 In the southwestern portion of this tract was 
the inner town, which was laid out as follows : 

It was divided into forty-nine blocks, one hundred and twenty 
varas square, each subdivided into six lots, forty by sixty varas. 
The streets were each twenty varas wide with the exception of those 
adjoining the principal square, which were twenty-five varas wide. 
The central block was set aside as the principal square, and six 
other blocks were reserved for public purposes. 2 

It is interesting to note that these seven blocks are still used for 
public purposes. Upon the old principal square stand the court- 
house and jail. The block facing this on the east, which was to 
be set aside for ecclesiastical buildings, now contains the Metho- 
dist and Baptist churches and parsonages. The block imme- 
diately west of the principal square, which was to be set apart for 
municipal buildings, is now the city park. The block just north 
of the principal square was at an early date taken for the market 
square, and it has served that purpose ever since. The block south 
of the principal square now contains the Presbyterian church. 
The third block to the east of the principal square was formerly 
used as the cemetery, but on it now stand the Episcopal and Catho- 
lic churches. The third block west of the principal square was at 
one time the location of the jail. It now contains the Christian 
and German Methodist churches and the Alamo lumber yard. 

The remaining portion of the four league tract was called the 
outer town. The lots in this section of the tract were designated 
according as they lay east or west of Water Street, This was a 
street fifty varas wide running from the southwestern corner of 
the inner town, 1ST. 20° W. to the north line of the outer town. 
The portion of the tract lying west of Water Street was divided 
into blocks five hundred varas square, each subdivided into four 
lots two hundred and fifty varas square. The streets in this section 

J May 26, 1832 (see map 2). 

2 See map 4. This map was drawn in 1903 by one of the old settlers, 
Mr. D. S. H. Darst, who has lived in and near Gonzales since 1831. It rep- 
resents the town, as he remembers it, just before it was burned in 1836. 
Reference to this map will show either that Navarro did not follow ex- 
actly the instructions given him concerning the seven public squares, or 
that the purposes for which these squares were originally intended were, 
in some cases, subsequently changed. Mr. Darst remembers when Market 
Square became Jail Square and vice versa. He says that because no block 
had been set aside for schools the people agreed to reserve block 8 for that 
purpose, and that at the time when Gonzales was burned in 1836 they were 
constructing here a laree log school house. 



(82) 



—28— 

were twenty-five varas wide. 1 The portion lying east of Water 
street was divided into twelve-acre lots, each one hundred and 
fifty-six by four hundred varas. That part lying directly east of the 
inner town was divided into two "tiers," each containing thirty- 
five of these twelve-acre lots. These "tiers" were separated by East 
Avenue, one hundred and seventy varas wide, extending from the 
middle of the eastern line of the inner town to the eastern limit 
of the four league tract. The remaining portion of land east of 
Water Street was divided into fifteen ranges, each containing fifty- 
eight of the twelve-acre lots. Kanges one and two were separated 
by North Avenue, also one hundred and seventy varas wide and 
extending from the middle of the northern line of the inner town 
to the northern limit of the four league tract. 2 

Town lots were to be appraised and sold at public auction. 3 
Purchasers were to pay in three installments at the end respec- 
tively of six, twelve, and eighteen months, a forfeiture accruing in . 
case of failure to pay. For prompt payment, a discount of six 
per cent a year was allowed. A settler might hold by deed as 
many as four "out" lots and two "in" lots provided he improve 
them. 4 The price of a deed was three dollars, 5 besides the price 
of the stamped paper upon which the deed was made. Deeds to 
"in" lots and "out" lots had to be made out separately. 6 The sur- 
veyor's fee for an "in" lot was one dollar, for an "out" lot two. 7 
Upon receiving his deeds each purchaser was also to pay an addi- 
tional sum of one dollar for an "in" lot and two for an "out" lot, in 
order to help defray surveyors' fees and other expenses of the town. 8 
A tax of one dollar a. year was put upon "in" lots ; no tax was levied 

1 Laws, Ordinances, and Municipal Regulations of the town of Gon- 
zales (MB. in office of Harwood and Walsh). A strip fifteen varas wide 
along the left bank of the river was also set aside for public purposes. 
But this regulation was never observed, and today this land is covered by 
private claims. 

2 See map 3. 

8 Colonization Law of Coahuila and Texas, March 24, 1825, section 36. 

'Minutes of the Ayuntamiento of Gonzales 1833, article 11 (MS. 
in office of Harwood and Walsh, Gonzales, Texas). See appendix VI. 

6 In the minutes of the ayuntamiento the terms "dollars" and "cents" 
are used, but it is not clear whether the American coins or the Mexican 
pesos and centavos are intended. 

6 Ibid., article 20. 

7 Ibid., article 12. 

*Ibid., article 28. 

(83) 



—29— 

upon "out" lots. 1 All deeds to lots in the inner and outer town that 
were made before the Eevolution were made during the years 1833, 
1834, and 1835, by the alcaldes James B. Patrick, James C. D*:vis, 
and Andrew Ponton. 2 

By the second week in November, 1832, the colonists were all in 
possession of their lands, the town had been laid out, and Navarro 
had sent reports of his work to the government. As 'commis- 
sioner, there remained for him only one duty to perform — the es- 
tablishment of the first constitutional ayuntamiento. The con- 
stitution of Coahuila and Texas provided that "in towns wherein 
ayuntamientos can not be established, and which are so distant 
from the other municipalities that the latter can not attend to the 
internal administration thereof, the electoral juntas of that to 
which they belong shall choose a commissary of police and a 
sindico procurador to discharge the duties assigned them in the 
regulations for the political administrations of the towns." 3 

In 1826, while the majority of De Witt's colonists were on the 
Lavaca, James Norton had been named alcalde of the colony by 
De Witt. 4 Of course, the place was too small for the appointment 
of an alcalde to have been constitutional. But inasmuch as the 
governor objected to it only upon the ground that the appointment 
should have been made by the people instead of De Witt, and, in 
spite of this fact, approved of the appointment of Norton as 
alcalde for the rest of the year, it may be inferred that the colony 
was at that time too far removed to be included in the jurisdic- 
tion of any organized ayuntamiento. At any rate, after their re- 
moval to Gonzales, and until 1828, the colonists were subject to 
the authorities of Bejar, and therefore had no local alcalde. But 
the distance from Bejar and the difficulty with which the people 
carried on correspondence in the Spanish language made such an 
arrangement undesirable. In October, 1828, therefore, on their 
petition, the colonists were made subject in civil and criminal 
matters to the jurisdiction of the authorities of San Felipe. 5 

1 Minutes of the Ayuntamiento of Gonzales, 1834^ article 11 (MS. in 
office of Harwood and Walsh, Gonzales, Texas). See appendix VI. 

2 For a complete schedule showing lots in the inner and outer town 
sold before the Revolution, their value, to whom sold, when and by whom 
deeded, see appendix II. 

3 Constitution of Coahuila and Texas, article 158 (Gammel, Laws of 
Texas, 1 336). 

4 See above, page 106. 

6 Musquiz to alcalde of Bejar quoting the governor's letter of October 

(84) 



— 30 — 

In accordance with the constitution the colony was governed at 
least as early as 1830 by commissaries and sindicos procuradores, 
chosen, it may be inferred, by the authorities of San Felipe. These 
seem to have been appointed each year until 1832, when the ayun- 
tamiento was established. 1 

In the Spanish municipal government the ayuntamiento was 
composed of alcaldes, regidores, and sindicos 'pro cur adores, the 
number of each to be determined by the population of the towns. 2 
These officers were to be named by electors, chosen by a majority 
of voters at popular conventions held in December of each year. 
The ayuntamiento was to enter upon its duties on January 1 of the 
following year. The alcaldes, half the regidores, and half the 
sindicos procuradores, provided there were more than one, were to 
be changed each year. No member of the ayuntamiento could be 
re-elected under two years. A member of the ayuntamiento must 
be a qualified citizen, twenty years of age, and must have resided 
at least five years in the pueblo. With the exception of persons 
serving in the national militia, no one holding a public office by 

23, 1828. Bexar Archives. The first alcalde of San Felipe who had 
jurisdiction over De Witt's colony was Thomas M. Duke, elected Decem- 
ber, 1827. Joseph White, Thomas Barnet, and Francis Johnson were the 
respective incumbents for the next three years. In 1831 Horatio Chries- 
man and John Austin were elected first and second alcaldes. But during 
the next year the ayuntamiento at Gonzales was established, and there- 
after San Felipe had only one alcalde. 

1 Ramon Musquiz to governor, July 17, 1831. Bexar Archives. Field- 
ing Porter was commissary in 1830, but was murdered in that year (affida-' 
vit made before J. B. Patrick, 1830. Bexar Archives). J. B. Patrick 
seems to have taken his place, and he continued in office through 1831 
(passport given J. W. E. Wallace by J. B. Patrick, June 29, 1831. Bexar 
Archives). In 1832 Ezekiel Williams was serving as commissary (Ramon 
Musquiz to Green De Witt and Ezekiel Williams, May 27, 1832. Bexar 
Archives). In 1830 A. M. Clare was sindico procurador (Clare to polit- 
ical chief, July 28, 1830. Bexar Archives). 

2 According to the provisions of the decree of May 23, 1812, for the 
formation of the constitutional ayuntamientos, the town of not more than 
two hundred inhabitants was to have one alcalde, two regidores, and one 
sindico procurador ; towns of more than two hundred but not more than 
five hundred, one alcalde, four regidores, and one sindico procurador; 
towns of more than five hundred but less than one thousand, one alcalde, 
six regidores, and one sindico procurador; towns of from one to four 
thousand, two alcaldes, eight regidores, and two sindicos procuradores. 
The number of regidores was to be augmented to twelve in towns of more 
than four thousand (White, Land Law in California, Oregon, Texas &c, 
I 416-418). 

(85) 



— 31 — 

the king's nomination might serve in the ayuntamiento. Each 
ayuntamiento must also have a secretary. 

It was the duty of the ayuntamiento to care for the health, com- 
fort, and safety of the inhabitants, and to protect their property; 
to preserve the public peace; to manage and invest the funds 
arising from city property and from municipal imposts and excise 
taxes, and, upon their own responsibility, to name a person to 
take charge of such sums ; to assess and collect taxes, and to remit 
them to the treasury; to look after all public institutions of learn- 
ing, hospitals, asylums, orphan homes, and other charitable insti- 
tutions; to supervise the construction and repairing of highways, 
bridges, and prisons, and to look after the forests and nurseries 
belonging to the community and all public works necessary, useful, 
or ornamental; to formulate municipal ordinances and present 
them to the cortes for approbation ; and to promote agriculture and 
industry. 1 

The alcalde was the most important officer of the ayuntamiento. 
In the exercise of his various functions he corresponded, as de- 
scribed by reference to modern municipal offices in the United 
States, partly to a member of a town council, partly to a police 
judge, partly to a policeman, and partly to the mayor of a city. 
With the co-operation of the iwo regidores he had control of the 
political and economic affairs of the town. The sindico procura- 
dor served as city attorney and sometimes acted as treasurer. 2 

After Mexico became free from Spain she retained the same 
general scheme of municipal government. The colonization law of 
Coahuila and' Texas provided for the establishment of an ayunta- 
miento in every new town of two hundred inhabitants, unless there 
were another ayuntamiento within eight leagues, in a municipality 
to which it might be annexed. 3 

The regulations concerning the ayuntamiento provided for in 
the constitution of the state of Coahuila and Texas corresponded 
very closely to those regarding the Spanish ayuntamiento. The 
most marked, differences were the following: Members of the 
ayuntamiento were required by the constitution of Coahuila and 
Texas to be twenty-five years of age, or twenty-one if married ; to 
have resided three years, one year immediately preceding election, 

1 Collection de los Decretos y Ordenes que han expedido las Cortes Gen- 
erates y Extraordinarias desde 24 de Setiembre de 1811 hasta 24 de Mayo 
de 1812, II 146-148. 

2 Blackmar, Spanish Institutions of the South-West, 286-290. 

3 Colonization Law of Coahuila and Texas, March 24, 1825, section 41. 

(86) 



— 32 — 

within the jurisdiction of the ayuntamiento ; to have some means 
of subsistence : and to be able to read and write. Members of the 
ayuntamiento were to be chosen by municipal electoral meetings 
announced on the first Sunday in December of each year and held 
on the second Sunday and Monday in the same month. 1 

Navarro did not wait until the regular time for the appoint- 
ment of the ayuntamiento. In November, 1832, as soon as his 
other work was completed he called the citizens to a meeting over 
which he presided. As a result of this meeting the following 
officers were elected: Ezekiel Williams, alcalde; Winslow Turner, 
first regidor; Silas Fuqua, second regidor; Stephen Smith, sindico 
procurador. 2 This ayuntamiento served only until the regular 
time provided in the constitution for the election. 

In accordance with a notice published early in the month of 
December, a meeting was convened, and nominations for two tellers 
and a secretary followed. Lewis D. Sowell and Adam Zumwalt 
were elected tellers, and Jose Eamon Bedford, secretary. On De- 
cember 16, the Sunday following this election, the members of the 
old ayuntamiento, the tellers, and the secretary met to register the 
votes for the new ayuntamiento. Upon counting the votes it was 
found that the election had resulted as follow : James B. Patrick 
for alcalde, with thirty-seven votes; Charles Lockhart for regidor, 
with sixty votes; and Almond Cottle for sindico procurador, with 
fifty votes. Charles Lockhart was to serve as second regidor, and 
Silas Fuqua, who had been second regidor, was to take the place 
of Winslow Turner as first regidor. 3 

The next ayuntamiento consisted of James C. Davis, alcalde; 
Charles Lockhart, first regidor; Eli Mitchell, second regidor; and 
Thomas E. Miller, sindico procurador.* The next year, 1835, 
Andrew Ponton was elected alcalde, Eli Mitchell took the place 
of the first regidor, Joseph D. Clements was elected second regidor, 
and M. Caldwell, sindico procurador. 5 

'Constitution of Coahuila and Texas (Gammel, Laws of Texas, 335- 
336). 

'Ayuntamiento of Gonzales to political chief, November 13, 1832. Bexar 
Archives. 

8 Report of the ayuntamiento of Gonzales, June 22, 1833. Bexar 
Archives. Juan Francisco Buchetti at the time of this election was serv- 
ing as secretary ad interim. 

4 Minutes of the ayuntamiento of Gonzales, 1834. See appendix VI. 

Official correspondence of the ayuntamiento of Gonzales with the gov- 
ernor, 1835. The first portion of this correspendence is preserved in the 

(87) 



— 33 — 

There seems to have been no fixed time for sessions of the Gon- 
zales ayuniamiento. In some cases the members agreed before 
adjourning as to the time of their next meeting. _ Extraordinary 
sessions were convened as occasion demanded. 1 During the year 

1834 the house of Thomas E. Miller was rented as a place of 
meeting, the price being eighteen dollars. 2 

Among matters actually dealt with by the ayuniamiento of Gon- 
zales, as shown by the minutes, a few of interest are the following: 
They appointed the surveyor 3 and appraisers of town lots, trans- 
lator, secretar}r, treasurer, and teacher of Spanish schools for the 
colony; supervised the distribution of town lots and the manage- 
ment of roads and ferries, tolls, and road corvees; imposed fines for 
minor offenses, namely, use of firearms in the jurisdiction, selling 
of liquors to Indians, removing surveyors' stakes, running horses 
through streets, etc.; granted license for wholesale and retail mer- 
chandizing; fixed the rate of interest in the colony; and collected 
money due the government for lands granted to colonists. 4 

On March 4, 1834, the congress of Coahuila and Texas passed a 
law providing for the appointment of primary judges in towns 
whose population did not exceed five thousand, and yet was suffi- 
cient to entitle them to an ayuniamiento. The purpose for which 
these judges were created was to relieve the alcaldes in those duties 
pertaining to the administration of justice that had heretofore been 
entrusted to them. The method of the appointment of primary 
judges was rather unusual. On the second Sunday of October the 
ayuntamiento must form a list of four persons for each judge re- 
quired for the town and send these lists to the political chief. The 
chief might change the order of the names on the lists before re- 
office of Harwood and Walsh, Gonzales, Texas; the second portion, in a 
scrap-book in the possession of the University of Texas. 

1 Minutes of the ayuntamiento of Gonzales, 1833, 1834. See appen- 
dix VI. 

2 Minutes of the ayuntamiento of Gonzales, 1834, article 1. See appen- 
dix VI. 

8 It would seem that when a surveyor was appointed for a colony it 
might be understood that he was to survey also lots of all towns of that 
colony. But Byrd Lockhart, surveyor of De Witt's colony, was by act of 
the ayuntamiento appointed surveyor for the town lots of Gonzales (see 
appendix VI, article 12 of the minutes for 1833). 

4 Minutes of the ayuntamiento of Gonzales, 1833, 1834 (see appendix 
VI) ; correspondence of the ayuntamiento of Gonzales with the governor, 

1835 (scrap book in possession of the University of Texas). 

(88) 



— 34 — 

turning them to the aijuntamiento. Those persons whose names 
then headed the lists should consider themselves appointed as 
judges. 1 

Only one instance of such an appointment in Gonzales is on 
record. On April 18, 1834, having been asked by the political 
chief for nominations for a primary judge, the ayuntamiento of 
Gonzales sent to him these names in this order : "Botholomer" 
D. McClure, Ezekiel Williams, Andrew Ponton, Benjamin Fuqua. 
On the 21st of the same month the names were returned in the 
following order and shape : Ezekiel Williams, "Bartolomi D. M. 
Clure," Benjamin "Faqua," Andrew Ponton. Whereupon Ezekiel 
Williams assumed his duties as judge. 

One of the most striking features in the colonization of Texas 
was the important part that was taken by the colonists from the 
beginning in managing their own affairs. The lack of supervision 
on the part of the central government as regards the municipality 
now under consideration very well illustrates this fact. During 
much of the time in the early period of the colony, there was no 
one in that section of the country who understood the Spanish 
language. Correspondence with the central authorities was usually 
carried on by way of San Felipe, and was therefore very unsatis- 
factory. Until the appointment of the ayuntamiento there is on 
record only one attempt on the part of the Spanish authorities to 
obtain direct information concerning the state of affairs in this 
colony. This was by means of a personal visit of the political 
chief, Ramon Musquiz. While on a tour of inspection through 
some of the municipalities of his department, he visited Gonzales 
and sent to the governor a detailed report of conditions there. 2 
This seems to have been part of the political chief's official func- 
tions, 3 though no record of another such visit has been found. 

As soon as the ayuntamiento was appointed, however, it became 
necessary for the political chief to attempt to carry on a regular 
correspondence with this municipality. The reason for this was 
that one of the duties of the political chief was to send to the cap- 
ital detailed information concerning all the municipalities in the 
department over which he presided. As soon, therefore, as the 
alcalde, Ezekiel Williams, had begun his duties, he received in- 
structions concerning the kind of reports that were to be made to 

1 Laws and Decrees of Coahuila and Texas, decree no. 262 ( Sayles, 
Early Laws of Texas, 94-97). 

2 Ramon Musquiz to governor, July 17, 1831. Bexar Archives. 

3 Governor Letona to political chief, June 10, 1831. Bexar Archives. 

(89) 



— 35 — 

the political chief. Four times a year a report must be made of 
the births, marriages, and deaths among the colonists of the 
municipality; of the births and deaths among the slaves in the 
community; and of the condition of the local national militia. 
Twice a year were to be sent in censuses, reports of the condition 
of the primary schools, and accounts of unclaimed property in the 
jurisdiction. At the end of the calendar year there must be sent 
certified accounts of the funds proceeding from city property; an 
estimate of the annual expenses together with a statement of the 
available proceeds of municipal duties if the funds should fail; an 
account of improvements made in building or repairing prisons, or 
any other such work that might be done; certified accounts of the 
funds of the civic militia and of the school funds ; and a report of 
the election of the ayuntamicnto. At the end of the fiscal year in- 
formation must be given concerning all state funds that had been 
collected, and concerning all foreigners who had entered the juris- 
diction. 1 

The ayuntamientos, however, seem to have been very lax in send- 
ing in these reports. In 1833 the inconvenience caused the gov- 
ernment by delayed communications from the ayuntamientos of 
San Felipe de Austin, Liberty, and Gonzales was so great that the 
governor decreed that for the first failure to report in the pre- 
scribed method a fine of fifty pesos would be imposed on the munic- 
ipality; for the second, one hundred pesos, and for the third two 
hundred. 2 This threat seems to have availed little. In December 
of the same year the secretary of the governor complained that on 
account of remissness on the part of the three ayuntamientos men- 
tioned above, it had been impossible to make out the statistics for 
the department of Texas. 3 

In March, 1834, the political chief repeated the complaint that 
not a letter had been received from the towns of Austin, Liberty, 
and Gonzales. 4 In May, 1834, the political chief was able finally 
to forward to the governor reports that had been sent by the ayun- 
tamientos of Gonzales and San Felipe de Austin. 5 No record is 

1 Instructions from Ramon Musquiz to alcalde of Gonzales, November 16, 
1832. Bexar Archives. 

2 Secretary of the governor to political chief, August 5, 1833. Bexar 
Archives. 

3 Secretary of the governor, J. Miguel Falcon, to political chief, De- 
cember 11, 1833. Bexar Archives. 

4 Political chief to secretary of the governor, March 10, 1834. Bexar 
Archives. 

6 Musquiz to secretary of the governor, May 19, 1834. Bexar Archives. 

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— 36 — 

made of the payment of any fine by these ayuntamientos for their 
negligence. It is probable that there was no -attempt to enforce 
the governor's decree. 

VI. Indian Relations. 

A very common notion of pioneer life in Texas is that the col- 
onists were in constant danger of being exterminated by hostile 
Indians. This is scarcely correct. It is true that the early set- 
tlers were much annoyed by the great propensity of the Indians 
to thievishness. These untutored children of the forest had little 
compunction of conscience in regard to appropriating to them- 
selves the possessions of others ; and the more value they placed 
upon an object, the greater zeal they were willing to bestow upon 
its acquisition. Perhaps the clearest ambition of an Indian's life 
was to be the master of a good horse, and the Americans often 
brought with them a grade of horses much superior to the Spanish 
stock. The Indians, therefore, so often yielded to temptation that 
the colonists were constantly reminded of their proximity, and this 
alone was sufficient to create a feeling of insecurity. But, as a 
matter of fact, they felt at first little personal animosity toward the 
colonists. It was not until the latter, becoming exasperated with 
their thieving, inflicted severe punishments upon them that they 
became hostile to any great extent. The most serious trouble ex- 
perienced from Indian depredations came after the Texas Revolu- 
tion. 1 

Another erroneous impression that one usually forms from In- 
dian stories that are told of early days is that Texas was filled with 
these savages. But, in reality, the total number of Indians in 
Texas, even before the coming of the Anglo-American, was rela- 
tively small, and after that time they diminished rapidly. Ac- 
cording to the estimate made by Morse, the United States Indian 
commissioner, there were in 1822 only a little more than forty-five 
thousand in the whole country between the Red River and the Rio 
Grande — about one Indian for every sixty-seven persons now in- 
habiting the same territory. 2 Of these, thirty thousand belonged 

1 Sowell, Texas Rangers, 5. Also note dates in Willbarger, Indian Dep- 
redations in Texas. An old resident of Gonzales, Mr. D. S. H. Darst, 
who has lived in the town since 1831, says he never saw a hostile Indian 
until after the Revolution. 

2 Donaldson, The George Catlin Indian Gallery in the U. 8. National 
Museum in Annual Report of the Board of Regents of the Smithsonian 
Institution, 1885, Part II 892. 

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— 37 — 

to the Comanche tribe, who roamed as far north as the sources of 
the Missouri, and of whom there must have been only a part in 
Texas at any one time. 1 The other so-called Texas tribes were 
comparatively small and weak even in 1822, and after that time, 
during the colonization period, many of them almost disappeared. 
For instance, the Cocos, whose number in 1819 is estimated at four 
hundred, were by 1834 reduced to about a dozen scattered families. 
The Karankawas, who were never numerous, consisted in 1834 of 
some ten or fifteen families. 2 

Only the Comanches, therefore, could have mustered a compar- 
atively formidable body of warriors, and this they never did for 
two reasons. In the first place, they recognized no regular chief, 
but moved about the country in small bands under minor chief- 
tains. Secondly, they depended upon the chase for subsistence, 
and large bodies would have found it difficult to maintain them- 
selves. 3 

Because the Indians moved about in such small bands the colo- 
nists were usually ignorant as to the tribe to which they belonged. 
It is difficult, therefore, to generalize concerning the tribes with 
whom the colonists in different sections of the country had to deal. 
All of the natives were usually spoken of indiscriminately as "In- 
dians." But, from some accounts in which tribal names are men- 
tioned and from a knowledge of the location in general of the 
Texas Indians, it appears that, of the thirty-odd tribes that inhab- 
ited Texas at various times, the principal ones with with whom 
De Witt's colonists came in contact were the Comanche, Karan- 
kawa, Tonkawa, Waco, Tawakana, and Kechi. 

Juan Antonio Padilla, in his report on Texas Indians made in 
1819, classifies them as peaceful and warlike. Of the six tribes 
mentioned above he includes in the first category the Kechi tribe; 
in the second the Comanche, Tawakana, and Tonkawa. The Karan- 
kawa and Waco tribes are not given in the enumeration. 4 

1 Ibid. 

2 Compare the report made December 27, 1819, by Padilla, Memoria 
sobre ios Indios infieles de la Provineia de Texas (MS., Austin Papers), 
and the report made by Almonte in 1834, Noticia Estadistica sobre Tejas, 
in Filisola, Memorias para la Historia de la Guerra de Tejas, Appendix, 
II 547-548. 

■Almonte, Noticia Estadistica sobre Tejas in Filisola, Memorias, etc., 
II 549-550; David G. Burnet's report in Schoolcraft, Indian Tribes of the 
United States, I 231. 

4 Padilla, Memoria sobre los Indios infieles de la Provineia de Texas. 

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— 38 — 

The Comanches, one of the most powerful and hostile tribes in 
North America, wandered from the sources of the Brazos and Col- 
orado to the sources of the Red, Arkansas, and Missouri rivers. 1 
In Texas they usually ranged north and northwest of Bejar. 2 
Although they were in general one of the most warlike tribes, 
it is said, upon credible local authority, that in Texas they 
were usually at peace with the Anglo-Americans, and spoke of 
the people of the United States as their friends. 3 

The Karankawas, one of the fiercest of the Texas tribe, inhab- 
ited the coast region. 4 There is convincing evidence that they 
were cannibals. 5 

The Tonkawas were said to have ranged along the Brazos west- 
ward to the sources of the Guadalupe. 6 They were one of the most 
friendly of the tribes. 

The Kechi tribe lived along the banks of the Trinity River. 7 
They had a village in what is now Leon County, about two and a 
half miles north of the present town of Centerville. They usually 

1 Donaldson, The George Catlin Indian Gallery in the U. S. National 
Museum in Annual Report of the Board of Regents of the Smithsonian 
Institution, 1885, Part II 892. 

'Holley, Texas (1836), 152. 

S A Texas Emigrant, 41-42. In 1829 they refused to join the Tawakanas 
and Wacos in plans for a general war with the Mexicans and Americans, 
saying that they were at peace with the people of the country. (Green 
De Witt to Ramon Musquiz, May 8, 1829. Bexar Archives). 

*La Fora map (1766) in the possession of Dr. H. E. Bolton of the 
University of Texas; Kenney, History of the Indian Tribes of Texas in 
A Comprehensive History of Texas, I 725. Morse says. the Karankawas 
were an erratic tribe on the San Jacinto River between the Trinity and 
the Brazos, and that the Tonkawas were on the Bay of San Bernardo (Don- 
aldson, The George Catlin Indian Gallery in the U. S. National Museum 
in Annual Report of the Board of Regents of the Smithsonian Institu~ 
tion, 1885, Part II 892). 

5 The Quarterly, IV 52 ; V 16 ; Kenney, History of the Indian Tribes of 
Texas in A Comprehensive History of Texas, I 725 ; letter of General James 
Long, August 1819, in Niles' Register, XVII 31. Kuykendall (A Texas 
Scrap Book, 145) says, however, that probably the only cannibalism to 
which they were addicted was that of eating pieces of an enemy's flesh at 
a war dance to inspire them with courage. 

Kenney, History of the Indian Tribes of Texas in A Comprehensive 
History of Texas, I 732 ; see also above, note 4. 

7 Donaldson, The George Catlin Indian Gallery in the U. S. National 
Museum in Annual Report of the Board of Regents of the Smithsonian 
Institution, 1885, Part II 892; The Quarterly, IV 203-205. 

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— 39 — 

professed great friendship for the white people, but they were a 
great nuisance on account of their constant thieving. 1 

The Wacos and Tawakanas inhabited the Brazos valley. They 
probably belonged to the same stock. 2 It is said that they were 
more civilized than any other tribe north of Mexico. 3 

In depredations within De Witt's colony, however, the Tawa- 
kanas seem to have been the chief offenders. Although by reason 
of its location on the frontier De Witt's colony was more exposed 
than any other American settlement in Texas, even it was com- 
paratively free from Indian hostilities of a serious nature. With 
the exception of the destruction of Gonzales in 1826. which oc- 
curred when there were not a half dozen families in the whole 
neighborhood, there was never anything like a general attack on 
the colonists. It is true, however, that occasional alarms were given 
in the town when the women and children would take refuge over 
night in the fort that had been erected for their protection, and in 
1830 the uneasiness that was felt was considerable. It is well illus- 
trated by the following letter written by De Witt : 4 

"The condition of this Colony with respect to Indian depreda- 
tions, is at this time Lamentable ; the place has been since the de- 
parture of Col Austin almost surrounded by them ; they have killed 
a number of cattle here, and have made every attempt, from ap- 
pearance, to have made an attack upon the Town — they have also 
stolen a number of horses and killed Mr. George W. Singleton up 
at our Mill on the Guadalupe — and unless we can get the very 
great favor of your Excellency to lend a few troops to that place to 
guard the inhabitants for a few months, the settlement above 
must break up." 

During the next year, as will appear later, fifteen Mexican sol- 
diers were sent. 

As a rule the colonists showed considerable wisdom in dealing 
with their Indian neighbors. Naturally, it often became neces- 
sary to resort to severe measures by sending expeditions against 
straggling offenders and punishing their leaders. But, when- 

1 ibid. 

* Donaldson, The George Catlin Indian Gallery in the V. 8. National 
Museum in Annual Report of the Board of Regents of the Smithsonian 
Institution, 1885, Part II 892 ; The Quarterly, VI, 249. 

3 The Quarterly, I 27. 

4 December 28 (Archives of Texas, D, file 4, no. 352). Mr. D. S. H. 
Darst says that in 1834 a few scattered families on the frontier of the 
colony did move to Gonzales. 

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— 40 — 

ever it was possible, peaceful methods were employed. On several 
occasions formal treaties were entered into. One of the most im- 
portant treaties of peace that concerned De Witt's colonists was 
made in 1827, when they, together with De Leon's and Austin's 
colonists, effected a treaty with the Karankawas. 

Of all the tribes the Karankawas, perhaps, had given most 
trouble to the first settlers of Austin's colony. Austin himself, 
during the early days, had tried to make peace with them. But 
the tribe was divided into two bands, the Cocos and those under 
the leadership of Antohito, a mission-born Indian. It was Anto- 
nito's people alone who at that time promised peace, and it was 
the Cocos who had committed the most serious depredations. Hos- 
tilities, therefore, had continued as before. On May 13, 1827, 
De Witt, James Kerr, De Leon, Jacob Betts — a representative 
from Austin's colony — and others met at Guadalupe Victoria and 
under the direction of the general commandant, Anastacio Busta- 
mante, concluded with the Karankawas a treaty of peace upon the 
following terms: 

1. The treaty of peace made September 22, 1824, was to remain 
in force. 

2. The limit which, according to article 2 of the above men- 
tioned treaty was placed at the Guadalupe river, was extended to 
the Lavaca. 1 

3. Antohito, who was to remain chief of the Karankawas, 
promised to reduce to a state of peace those of his tribe who were at 
war with Austin's colonists, with the understanding that unless hos- 
tilities should cease the forces of Mexico and of the colonies should 
be employed against them. 

4. Antohito was to have a passport in order that he might not 
be molested by the American colonists when he went to speak with 
the Cocos concerning this treaty. 

5. The women and children who were prisoners at San Felipe de 
Austin should remain there until Austin and the colonists were 
assured that the Indians were at peace. 

6. The Karankawas promised to keep peace with the Americans 
as well as the Mexicans, with whom they had never been at war. 
Antohito was, as far as possible, to hold himself responsible for this 
peace. All injuries done to Americans by Karankawas or to Karan- 
kawas by Americans were to be punished. 

7. All American families who might arrive at any point on the 

1 It seems that according to the first treaty the Indians were to be al- 
lowed to come as far east as the Guadalupe. They were now forbidden 
to cross the Lavaca. 

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— 41 — 

coast with a view to colonization were to be properly treated by the 
Karankawas, who, however, should report all such arrivals to the 
commandant at La Bahia. 

8. Although it was thought safe to assume that Austin would 
approve of this treaty, it was to be sent him for ratification. 1 

The Karankawas seem to have kept this peace, at least so far as 
De Witt's colony was concerned. It is said that about 1836 the 
Mexicans began to kill the remnants of the tribe for robberies 
and murders, and that then, notwithstanding the treaty, they 
crossed the Lavaca and asked the colonists for protection. There- 
upon they were distributed among white families as servants. 2 

Two years later, in 1829, at the suggestion of the political chief, 
De Witt attempted to deal in the same manner with the Tonkawa 
Indians. He went in search of them, and on April 17 fell in with 
three chiefs and a small part of the tribe. He told them the com- 
plaints that the people had to make against them for stealing, 
shewed them the advisability of going to work, encouraged them 
to become a "great and good" people, and to that end offered them, 
in the name of the political chief, land whereon to settle. He 
promised that a subscription should be taken up among Americans 
in his own and Austin's colonies, with which to enable them to 
buy corn for this year, as it was then too late to plant. He told 
them that he thought the Mexicans would donate money enough to 
buy horses for them. The Indians seemed pleased, and promised to 
call a meeting of their people on the full moon of the next month to 
talk it over. Hereupon De Witt reported what had taken place to the 
political chief, suggesting that an industrious man be put among 
the Tonkawas to instruct them, and that they be assigned four 
leagues of land for a town, with the understanding that if they 
proved themselves worthy other lands should be given them. 3 
There is no evidence that these suggestions were ever carried into 
effect, but there seem to have been no further hostilities in De 
Witt's colony on the part of the Tonkawas. 

But it appears that the colonists were not always so kindly 
disposed toward the Indians. There are some fragments of evi- 
dence to show that occasionally they sought them out for other pur- 
poses than to smoke with them the feathered pipe of peace. In 
December, 1828, a number of the residents of Gonzales joined 

1 These terms are summarized from a copy of the treaty in the Bexar 
Archives. 

2 Holley, Texas (1836), 160. 

a Green De Witt to Ramon Musquiz, April 25, 1829. Bexar Archives. 

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— 42 — 

Captain Henry S. Brown, who was going upon an expedition into 
what is now Brown County to retake about five hundred horses 
that the Indians had captured from him on the road between 
Bejar and Gonzales. 1 In the next year another company of 
about thirty-nine men from Gonzales, under the same leader, joined 
Captain Abner Kuykendall in another expedition into the same ter- 
ritory. 2 In 1835 a company of volunteers from Gonzales went out 
under command of Dr. James H. C. Miller to chastise some Indians 
that had attacked a party of French and Mexican traders on Sandy 
Creek, about fifteen miles from Gonzales. 3 

But notwithstanding the insignificance of actual hostilities the 
colonists never felt secure while they depended upon their own 
strength alone. Before leaving the Lavaca they had been prom- 
ised that as soon as the families moved up to Gonzales a garrison 
of Mexican troops should be stationed in the town. 4 Through 
1827, 1828, and the early part of 1829, repeated appeals were 
made for the fulfillment of this promise. Finally, in 1829, De 
Witt wrote the political chief, Ramon Musquiz, that a considera- 
ble amount of contraband was passing through his territory, but 
that it would be impossible, without the aid of troops, either to 
prevent this, or to protect the town from the Indians. 5 Appar- 
ently, the cry of contraband was effective. Soon after this, Jose 
Guadalupe Ruiz was sent with a detachment of the ninth perma- 
nent regiment, but within a few days he was withdrawn and re- 
turned to Bejar by order of the general commandant. 6 On the 
day that Buiz left the town De Witt sent to the political chief 
a petition asking for another detachment, 7 and again in Decem- 

1 Brown, History of Texas, I 154-6. According to this account, among 
those who took part in this expedition were Bazil Durbin, — Shelley, 
Andrew Scott, Jesse Robinson, Moses Morrison, Abram McClare [Abraham 
McClure], and William Bracken. 

-Ibid., 156-158. 

3 Among those who took part in this expedition were Matthew Cald- 
well, Daniel McCoy, Ezekiel Williams, William S. Fisher, Bartlett D. 
McClure, David Hanna, Landon Webster, and Jonathan Scott (Brown, 
History of Texas, I 283-285). 

4 Alexander Yhary to James Kerr, November 11, 1827; James Kerr to 
Ramon Musquiz, February 11, 1828. Bexar Archives. 

'Green De Witt to Ramon Musquiz, May 8, 1829. Bexar Archives. 

"The order was given May 17, 1829 (Ruiz to Antonio Elosua, May 22, 
1829). 

7 De Witt to political chief, May 23, 1829. Bexar Archives. 

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— 43 — 

ber, 1830, 1 and in January, 1831, he repeated the appeal. He 
claimed that the Tawakanas must pass by Gonzales on their way to 
attack Victoria and Goliad. He therefore asked that a detachment 
of soldiers be sent, and he promised that, if a cannon could be lent 
the people of the town, they would return it whenever the authori- 
ties at Bejar asked for it. 2 

In reply, Musquiz told De Witt that he might have an un- 
mounted cannon that was at Bejar, and on March 4, 1831, a wagon 
was sent for it. 3 This six-pounder was destined to assume, later 
on, an importance greater than its calibre seemed to justify. Mus- 
quiz, at the same time, also urged the principal commandant to 
send to the colony a detachment of twenty-five or thirty men, in 
order, not only to prevent Indian hostilities, but also to facilitate 
traffic between Bejar and San Felipe and to prevent contraband 
trade. 4 After some correspondence between the principal com- 
mandant, the general commandant, and some of the local com- 
mandants, Balboa, an officer from the third company of Tamauli- 
pas, was sent with fifteen men. 5 On August 18, the detachment, 
then under the command of Remigio Pisana, was attacked by a 
wandering band of about nine Comanches. A corporal and a 
soldier were killed and thirteen horses were captured. 6 Shortly 
afterward the detachment was withdrawn. 7 

The difficulty the colonists had in obtaining help from the gov- 
ernment was so great that they probably never asked for it again. 
It was well, perhaps, for the colonists that they were left to de- 
fend themselves alone, for the Mexicans were usually as unfor- 
tunate in dealing with the Indians as the colonists were success- 

1 See above, p. 133. 

2 January 7, 1831 (Bexar Archives). 

3 De Witt to Ramon Musquiz, March 4, 1831. Bexar Archives. 

* Musquiz to Elosua, January 12, 1831; Elosua to Musquiz, March 19, 
1831. Bexar Archives. 

6 June, 1831 (see above, p. 133. Principal commandant to political 
chief, March 19, 1831; principal commandant to Jose Manuel Barbe- 
rena, commandant of Guadalupe, April 10, 1831, and May 31, 1831; Bar- 
berena to principal commandant, May 19, 1831; and J. M. Guerra to prin- 
cipal commandant, June 9, 1831. Bexar Archives.) 

6 Remigio Pisana, commandant of the detachment at Gonzales, to An- 
tonio Elosua, August 18, 1831; Barberena to Elosua, August 21, 1831; 
principal commandant to general commandant, August 26 and September 
10, 1831. Bexar Archives. 

7 Barberena to Elosua, Setpember 22, 1831. Bexar Archives. 

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— 44 — 

ful. The Mexicans hated the Indians and were cruel in their 
treatment of them, and this hatred and cruelty were fully recip- 
rocated. It has been said that when Americans and Mexicans 
traveling together were attacked by Indians, the former were 
usually kindly treated, while the latter were often killed. 1 While 
the colonists maintained a state of comparative peace with the In- 
dians, the inhabitants of Bejar were subjected almost constantly 
to outrages and depredations. That the Mexicans attributed such 
a state of affairs to treachery on the part of the colonists, however 
unjust the suspicion may have been, was still not altogether un- 
natural. 

VII. Mexico's Efforts to Check Anglo-American Immigration. 

Although the United States in 1819 had nominally surrendered 
all claim to Texas, it apparently never quite gave up the idea of 
acquiring the province at some time for itself. At various periods 
it attempted negotiations with a view to purchasing the desired ter- 
ritory. Every movement of this kind Mexico regarded with the 
greatest suspicion. This feeling is clearly shown in the following 
extract from a letter of Eamon Musquiz to the vice-governor of 
Coahuila and Texas, which, though written March 11, 1833, ex- 
presses sentiments that had prevailed in Mexico for many years : 

The desire of the United States of the north to extend its ter- 
ritory by the acquisition of Texas has displayed itself on several 
occasions; and the power of its policy and management to expand 
its borders by the purchase of Florida and Louisiana has become 
a matter of general history to the civilized world. It is also known 
that the southern States of our neighboring republic have a ten- 
dency to secede from their northern sisters and organize them- 
selves into a separate nation; in which direction one effort has 
already been made this very year by South Carolina. To such 
new national organization the acquisition of Texas would be a 
boon of transcendent value, adding, as it would, so extensively to 
its territorial area and multiplying so largely its sources of wealth. 

When Mr. Butler, charge d'affaires from Washington City to 
our government, passed through this city in the year 1829, he 
avowed to some here, but confidentially, that the object of his 
mission to Mexico was the purchase of Texas. This same foreign 
minister, in June of last year, made a journey overland from the 
City of Mexico to this department and Austin's colony, ostensibly 
for the purpose of acquainting himself with the country. But 
immediately after that visit the revolutionary movements of the 
colonists began ; and anterior to that event they had been unex- 
ceptionably orderly, having even solemnly pledged themselves to 

1 Holley, Texas (1836) 152. 

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— 45 — 

take no part in the convulsion caused by the pronunciamento in 
favor of the plan of General Santa Anna. 1 

Naturally enough this feeling of suspicion transferred itself to 
the Anglo-American colonists. Throughout the early period of 
colonization it was held in check by the prudent conduct of Stephen 
F. Austin and others among the first settlers. But now that im- 
migrants had come in large numbers it was not to be expected 
that all of them would exert themselves as Austin had done to 
preserve harmony with Mexico. The Fredonian rebellion served 
to remind the Mexicans of the long-standing jealousy of their 
race toward Anglo-Americans, of their grounds for fear of the 
United States, and of the possibilities that were developing with 
the growth of the colonies themselves. Therefore when they ob- 
served the discrimination that was made by the Indians between 
the Americans and the Mexicans they easily imagined that the 
colonists were responsible. 2 

The result was that Mexico now began a policy by means of 
which she hoped in an indirect and inconspicuous way to substi- 
tute in the future Mexican for Anglo-American occupation of 
Texas. In 1824 Mexico's generosity toward the colonists was un- 
bounded save by one reservation. Article 7 of the federal colo- 
nization law declared that until after the year 1840 the general 
congress was not to prohibit the entrance of individuals of any 
nation unless imperious circumstances should require it. By and 

1 Brown, History of Texas, I 225-226. 

2 Garrison, Texas, 170-171. 

The injustice of such a suspicion is no better illustrated than by the 
following words of Austin addressed to the Cherokees in Texas during 
the Fredonian rebellion: "My brothers, why is it that you wish to fight 
your old friends and brothers the Americans? God forbid that we should 
ever shed each other's blood. * * * The Americans of this colony, 
the Guadalupe and Trinity, are all united to a man in favor of the Mexi- 
can government, and will fight to defend it. We will fight those foolish 
men who have raised the Hag at Nacogdoches ; we will fight any people 
on earth who are opposed to the Mexican government * * *. The bad 
men, who have been trying to mislead you, have told you that we would 
all join you. This is not true * * *. Those bad men have told you 
that Americans would come on from the United States and join them. 
This is not true * * *. The American government will not permit 
such a thing, and, if this government asks it, wall send troops to aid us. 

"Why do you wish to fight the Mexicans? They have done you no 
wrong; you have lived in peace and quietness in their territory, and the 
government have never refused to comply with their promises, provided 
you do your duty as good men. What, then, is it you ask for, or what 
do you expect to gain by war?" {A Comprehensive History of Texas, I 
531). 

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— 46 — 

by Mexico reached the conclusion that "imperious circumstances" 
did require that some check be put upon the Anglo-American im-" 
migration from the United States, and to this end she decreed, 
April 6, 1830, that under no pretext whatever would entrance 
along the northern frontier be given to foreigners unless they were 
provided with a passport from Mexican agents; that citizens 
from adjacent foreign countries should be forbidden to settle as 
colonists in the Mexican frontier states and territories; and that 
those colonization contracts which were not yet fulfilled and which 
would conflict with the foregoing proviso should be suspended. In 
order to enforce these enactments, Don Manuel de Mier y Teran 
was sent to Texas with a body of troops. By the same law the 
settlement of Mexicans in Texas was in every way encouraged. 
But in regard to colonies already completed it was declared that 
no change would be made. 1 This the Anglo-Americans, contrary 
to Mexican intent, seized upon as a warrant for further im- 
migration. Many of them interpreted it to mean that empre- 
sarios were authorized to continue colonizing until the number 
provided for by their contracts was brought in. 

Within three months after the promulgation of this law, fifty- 
four families on their way to De Witt's colony landed at the 
Lavaca. Obedience to the law would have required the Mexican 
authorities to order these immigrants to leave the country. But 
the alcalde of Goliad, Jose Miguel Alorete, who reported their ar- 
rival to the political chief at Be jar, wisely suggested that it might 
be well to allow them to enter. 2 The political chief referred the 
matter to the governor, Viesca, calling attention to the wisdom of 
Alorete's suggestion, since the families had come under legal con- 
tract, though now annulled, and at great expense to themselves. 3 
Whereupon the governor ordered that the newcomers be allowed to 
settle temporarily in the colony, there to await his ultimate de- 
cision after he had consulted with General Teran. 4 Probably as 
a result of this consultation, Teran wrote the vice-consul of Mex- 
ico at New Orleans, James W. Breedlove, that passports were to 

1 Decree of April 6, 1830. Dublan and Lozano, Legislation Mexicana, 
II 238-240. 

2 Alorete to political chief, Ramon Musquiz, June 14, 1830. Appendix to 
Empresario Contracts, II 208. 

3 Political chief to alcalde of Goliad, June 23, 1830. Appendix to Em- 
presario Contracts, II 209. 

* Viesca to Ramon Musquiz. Appendix to Empresario Contracts, II 210. 



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—47 — 

.be denied to all North Americans except those en route for Aus- 
tin's and De Witt's colonies. 1 

Thus, in so far as actual admission into De Witt's colony was 
concerned, the law of April 6, 1830, seems not to have been very 
effective. 2 There is no record of any person's ever having been 
denied entrance into this section of the country through the opera- 
tion of this law. But, by revealing the attitude that Mexico was 
now assuming toward Anglo-American colonization of Texas, it 
did serve even here to check immigration. In a report made to 
the government in the latter part of 1834 by the ayuntamiento of 
Gonzales for the purpose of obtaining a renewal of De Witt's con- 
tract, it was claimed that the law of April 6 virtually put a stop to 
all immigration to the colony, and that through its operation many 
of those who came thither and were given certificates never received 
titles to land. 3 

It was not long before the Mexican government saw a still better 
way to keep people from the United States out of Texas. Accord- 
ing to the colonization law of Coahuila and Texas the empresario 
contracts were to be valid for only six years from the day on which 
they were issued. Some of these contracts were now expiring, and 
the greater part of the lands covered by them was still unoccu- 
pied. Mexico's opportunity had now come. The vacant lands 
was hers to dispose of, and without offense to the colonists already 
in Texas she could grant them out again to whomsoever she would. 
A new colonization law was therefore passed, April 28, 1832, 
offering especial protection and aid to Mexicans who should occupy 
vacant lands in Texas, and encouraging any empresario promising 
to colonize with Mexicans, or with foreigners whose entrance was 
not prohibited by the law of April 6, 1830. 

De Witt's contract expired April 15, 1831. He at once peti- 
tioned for an extension of time, which was promptly refused. 
Moreover all the alcaldes of the department of Bejar and all the 
military commandants on the coast and the frontier were put on 
the watch to keep immigrants out of the colony. 4 This array of 

October 6, 1830 (Appendix to Empresario Contracts, I 10). 

2 A few persons on their way to Robertson's colony were stopped by 
Mexicans officials at Nacogdoches, and had to make their way in, secretly 
and illegally, by going round the place. 

8 Official correspondence of the ayuntamiento of Gonzales for 1835. 
Office of Harwood and Walsh, Gonzales, Texas. 

4 Ramon Musquiz to Principal Commandant Antonio Elosua, May 26, 
1831 ; Elosua to commandants of Nacogdoches, Anuhuac, Lavaca, Guada- 
lupe, Goliad, and Tenoxtitlan, May 27, 1831. Bexar Archives. 

(102) 



-48 — 

sentinels seems faithfully to have performed its duty, for no land 
was secured from De Witt by colonists who entered Texas after that 
time. 1 

De Witt had introduced less than half the number of families for 
which he had contracted. 2 The greater portion of the lands in- 
cluded in his grant was still vacant and had therefore reverted to 
the government. This land was now at the disposal of any empre- 
sario to whom the government might choose to grant it. 

Some years previous the empresario De Leon, through Manchola 
as agent, had asked that there be added to his grant a strip of land 
immediately northwest of the La Bahia-Nacogdoches road, one 
league wide and extending from the Lavaca Eiver to Coleta Creek. 3 
This had been conceded April 30, 1829. 4 It will be remembered 
that the whole of De Leon's first grant, which lay southeast of the 
La Bahia-Nacogdoches road, was included within the land that had 
been given to De Witt. 5 Manchola's contract covered a considerable 
portion of the remainder. But as De Witt's colonists were then few 
in number, and were clustered around the little settlement at Gon- 
zales, no opposition had been offered until the next year, when De 
Leon attempted to remove twenty-five of De Witt's families who had 
settled on this additional grant. 6 Navarro protested, claiming the 
land for De Witt, and in reply the governor annulled Manchola's 
grant, May, 183 1. 7 De Witt's contract, however, had expired, and 
the political chief in communicating the governor's decision to 
Navarro declared that the only limitation it really placed upon 

1 For date of arrival of De Witt's colonists, see appendix 1. 

2 One hundred and sixty-six titles had been issued. De Witt had re- 
ceived premium lands for only one hundred families. He was in Mon- 
clova seeking to secure a proportionate premium for the other sixty-six 
when he died, May 18, 1835 (Brown, History of Texas, I 341). 

3 April 13, 1829 (Record of Translations of Empresario Contracts, 69- 

70). 

4 De Leon to political chief, May 26, 1832. Bexar Archives. De Le6n's 
first contract had called for forty-one Mexican families. He now con- 
tracted for one hundred and fifty additional families. 

5 See above, p. 108. 

"Musquiz to Navarro, July 21, 1831 (Appendix to Empresario Contracts, 
II 243) ; De Leon to Musquiz, August 16, 1830 (ibid., 12). 

T Letter from Letona, May 2, 1831 (Record of Translations Empresario 
Contracts, 69-70) copied by Musquiz, June 7, 1831 (Appendix to Em- 
presario Contracts, II 242) ; Ramon Musquiz to governor, June 2, 1831 
(Hid., IV 20). 

(103) 



—49— 

De Leon was to prevent his disturbing the twenty-five families 
that were already located upon the section in question. 1 But De 
Leon seems not to have so understood it, and in September, 1831, 
he complained that on account of various adverse decisions 2 of the 
government his colonizing activities had been considerably par- 
alyzed. 3 During the next year when the government gave Juan 
Vicente Campos, another Mexican empresario, permission to col- 
onize some of the vacant lands in De "Witt's grant, De Leon could 
no longer restrain his indignation at having his claims thus set 
aside. He at once petitioned the government again to make valid 
Manchola's contract. 4 

It will be remembered that on April 28, 1832, a law had been 
passed to encourage Mexican colonization. On May 1, almost 
immediately after the passage of this law, was made the concession 
to Campos already mentioned. He was allowed, as agent for a Mex- 
ican company, to settle four hundred and fifty colonists upon a tract 
of land which included the whole of Milam's grant and the northern 
portion of De Witt's. 5 Of course there was no intention on the 
part of the government to limit by this grant any of De Leon^te 
rights in the south. The whole purpose of the new colonization 
law was, as has been indicated, to check Anglo-American immi- 
gration and to encourage that of Mexicans. Enterprises such as 
De Leon's were just what Mexico wished to foster. On August 
4, 1832, therefore, Governor Letona, in answer to De Leon's peti- 

*Appendix to Empresario Contracts, II 243. 

2 A conflict of claims had also arisen between De Leon and the empresa- 
rios, Power and Hewetson. The government decided against De Leon, 
August 13, 1831. But in March of the next year, through the influence 
of General Teran, De Leon was given the preference (Record of Trans- 
lations of Empresario Contracts, 71-74, 149). 

s De Leon to political chief, September 21, 1831. Bexar Archives. 

4 May 26, 1832 (Bexar Archives). 

6 This grant embraced the following limits : Beginning with the head- 
waters of the Lavaca, the boundary line was to run north-west along 
Austin and Williams's colony to the Bejar-Nacogdoches road; following 
this, it was to extend toward the northwest [northeast] to the Colorado 
River; from there it was to go up the right bank of the Colorado fifteen 
leagues; thence in a straight line parallel with the Bejar-Nacogdoches 
road to the Guadalupe River; thence down the left bank of this river five 
leagues beyond where it crosses the B<5jar-Nacogdoches road; and from 
there east in a straight line to the point of beginning (Empresario Con- 
tracts, 381-384). 



(104) 



— 50 — 

tion, told him that he had full permission to colonize the land that 
through Manchola had been granted him in 1829. 1 

Thus was the greater portion of the vacant lands in De Witt's 
colony disposed of to Mexican empresarios. But the Mexican gov- 
ernment was careful to order that in . the lands assigned to De 
Leon and Campos the rights of all previous settlers be respected. 
Mexico's desire to conciliate Anglo- Americans while she legislated 
against them often led to curious results, and perhaps explains the 
additional order that Letona issued when he again made valid De 
Leon's second contract. In the territory between the grants that 
had been given to the two Mexican empresarios there were still 
some unoccupied lands. The governor now ordered that into this 
territory there be collected for De Witt all the scattered families 
of the department which belonged to no other colony. Stephen ¥. 
Austin and Jose Antonio Navarro were even appointed to make 
an estimate of the number of such families and of the cost of 
transporting them to this section. 2 But, if there was ever an at- 
tempt to carry into effect such an impracticable scheme, no record 
of it has yet been found. 

It had now become evident that Mexico, in dealing with the col- 
onists, had adopted a policy of restriction and control utterly at 
variance to that under which the Anglo-Americans had been in- 
vited to enter Texas. Such measures as the law of April 6, 1830, 
that of April 28, 1832, the military occupation of Texas, the 
closing of certain Texas ports, and the attempt at the strict col- 
lection of duties amply illustrate this policy. The irritation rousjd 
by these measures among the colonists passed by easy stages into 
open rebellion. 

VIII. The Colony in the Revolution. 

The part that De Witt's colonists played during the period pre- 
ceding the actual outbreak of hostilities can not be understood 
without bearing constantly in mind the location of the colony. It 
was the frontier Anglo-American settlement on the side toward 
Mexico, and its capital, Gonzales, lay about midway between Be jar 
on the west and San Felipe on the east. The inhabitants of this 
section of the country no doubt sympathized from the very first 

letona to the political chief, August 4, 1832 (Appendix to Enrpresario* 
Contracts, IV 42 ) . 

2 Ramon Musquiz to the governor, August 14, 1831 (Appendix to Em- 
presario Contracts, I 235-236) ; Letona to political chief, September 2, 1831 
(Ibid., 239) ; Campos to political chief, May 12, 1832 (Ibid., II 256) ; 
Campos to political chief, August 4, 1832 (Ibid., IV 42). 

(105) 



— 51 — 

with their countrymen of Austin's colony, but they were too far 
removed from the storm center, the San Felipe district, to share 
the sentiments of the war party whose headquarters were there. 
Moreover they well realized that, in case of open hostilities with 
Mexico, Gonzales would probably be the first point of attack. 
Understanding little about the rupture that they in a vague way 
knew was taking place between the colonists and the Mexican 
government, and preferring for reasons of their own to remain un- 
involved, they often found difficulty in determining the best 
course to pursue. With this situation in mind, most of their actions 
during this period, though some of them may still appear inconsist- 
ent or vacillating, become intelligible. 

The presence of the military left by Teran irritated the Texan 
colonists, and in 1832 resulted in serious disturbances at Anahuac, 
Velasco, and Nacogdoches. But there was as yet no thought of a 
break with Mexico, and the ayuntamientos of Texas satisfactorily 
explained this friction on the ground of loyalty to Santa Anna, 
who for the sake of the Mexican constitution, as he then claimed, 
was attempting to overthrow Bustamante. In order still better to 
define their position the colonists called a convention at San Felipe, 
October 1, 1832. Although their object was to declare in most 
positive terms their allegiance to Mexico, they took advantage of 
the occasion to ask for a redress of certain existing grievances. 
Among other things they requested a repeal of that provision of 
the law of April 6, 1830, which prohibited further immigration 
from the United States, and drew up a memorial asking for a sep- 
aration of Texas and Coahuila. But, on account of the opposition 
that this convention called forth from the Mexican authorities, 
this memorial was never presented. 

In December Bustamante was overthrown and the colonists, be- 
lieving that Santa Anna, now in power, would favor their desire 
for a separate state government, called another convention, April 
1, 1833, and framed a state constitution, which was sent to Mex- 
ico for approval. 

In Mexico, however, Santa Anna was busy with plans of his 
own for acquiring absolute power, and the separation of Coahuila 
and Texas did not accord with these plans. Before the end of 
1835, he had triumphed in other parts of Mexico, and he them 
began to turn his attention more exclusively to Texas. Already, 
in January of this year, Captain Tenorio had been sent with a 
few troops to support the collector at Anahuac in enforcing the 
payment of duties. Many of the colonists believed this was only 
a part of Santa Anna's general scheme to centralize the govern- 

(106) 



— 52 — 

ment, and the feeling that it aroused was so intense that it re- 
sulted in several acts of violence in different localities. Among 
these was the capture by a Texas boat of a Mexican schooner that 
had been sent to Anahuac to collect duties and had attacked a 
United States trading vessel. 1 Ugartechea, the commandant at 
Bejar, upon hearing this news, believed that there was danger of 
rebellion among the colonists. He had just learned of the fact 
that the cannon that had been lent to De Witt's colonists in 1831 
as a protection against the Indians was in Gonzales. 2 Fearing lest 
it might now be turned by the colonists against the government, he 
dispatched a corporal, Casimiro de Leon, and five soldiers, with a 
letter from the political chief to Andrew Ponton, the alcalde of 
Gonzales, asking that the gun be surrendered to the corporal to be 
returned by him to Bejar upon the ox-cart which he had brought 
for the purpose. 3 

Until this time De Witt's colonists had been uncertain of their 
own position, as their attitude hitherto clearly indicates. After 
the first disturbances in 1832, the other ayuntamientos of Texas 
.had joined in proclaiming loyalty to Santa Anna, but, when Polit- 
ical Chief Ramon Musquiz sought a similar expression from De 
Witt's colonists, they replied to him thus : 

As we have never been officially informed, either by the present 
reigning Government, headed by the Vice President Bustamante, 
or by their opponents, headed by Gen. Santa Anna, of the nature 
of these differences which exist between them; and as Citizens of 
a polity amenable only to our Federal head, we are as yet per- 
fectly satisfied with measures heretofore pursued by that head in 
relation to us; and, were it otherwise, we feel our insufficiency to 
step between them and their explanations of the Constitution and 
laws of our adopted country ! Moreover, having never had laid 
before us in a tangible shape, the difficulties existing between the 
Colonists of Austin and the Commandants of the Forts Anahuac 
and Velasco : we are therefore, at this time, equally unable to de- 
cide as to the merits or demerits of either of the contending bel- 
ligerents ! 

Therefore, to you, Sir, as our organ of Governmental corre- 
spondence, we would have it made fully known, and by them per- 
fectly understood, that we, the colonists of Colonel Green De Witt, 

1 Stephen F. Austin was on this vessel, the San Felipe, returning from 
his two years' imprisonment in Mexico (A Comprehensive History of 
Texas, I 177). 

2 See above, p. 137. 

3 Political chief to alcalde of Gonzales, September 21, 1835; Castaneda 
to Ugartechea, September 29, 1835; letter dated September 30, 1835, ap- 
parently from Ugartechea to Cos. Bexar Archives. 

(107) 



— 53 — 

are by our present unprotected situation, liable to be cut off by the 
savage foe ! consequently, unable to render any physical assist- 
ance, if so required, to our brethren of Mexico, of Vera Cruz, or of 
Texas. 

Humbly trusting, that our precarious condition will be a suffi- 
cient excuse for our neutrality — not only to you, Sir, who know 
our state experimentally, and who have more than once expressed 
a fatherly solicitude for our preservation — but to that Government 
you represent, on whose paternal care and munificent generosity 
we implicitly rely I 1 

But when, shortly afterward, delegates were called to the con- 
vention which assembled at San Felipe for the same purpose, Gon- 
zales sent Henry S. Brown and Claiborne Stinnet as her repre- 
sentatives. 2 

As has been indicated, the government regarded this conven- 
tion with extreme disfavor, which was expressed in letters to the 
ayuntamientos of Austin, Goliad, Liberty, Nacogdoches, and Gon- 
zales. 3 In reply to the letter received at Gonzales, Ezekiel 
Williams, the alcalde, wrote : 

We acknowledge the receipt of your Lordship's communication 
of the 22nd of November, 1832, in which you request this body to 
say how far they have taken part in the convention held in Austin's 
colony, for the purpose, it is said, of making representations to the 
government. They answer that in no manner have they been 
officially concerned in said convention, and that the colonists of 
this jurisdiction have taken officially no part in it. God and 
Liberty. Ezekiel Williams, Alcalde. 4 

In 1833 when the second convention was called to meet in San 
Felipe, the same delegates that had been sent from Gonzales in 
1832 were returned. On April 27, 1833, James B. Patrick ex- 
pressed to the political chief his attitude toward this convention in 
the following terms : 

The Ayuntamiento of Gonzales heartily concurs in the action 
of the convention of April 1, at San Felipe on the subject of sep- 
arate State organization for Texas, being of the opinion that the 
people of Texas are in the legally prescribed condition for such a 
step, and they approve of the appointment of Stephen F. 
Austin, James B. Miller and Erasmo Seguin, on the part of friends 
of that measure, to represent them at the capital. 5 

1 Edward, History of Texas, 191-192. 

2 Brown, History of Texas, I 198. James Kerr went as delegate from 
the Lavaca district. 

8 Bexar Archives. 

4 Brown, History of Texas, I 216. 

8 Brown, History of Texas, I 232-233. 

(108) 



—54— 

Unfortunately the political chief did not agree with Patrick. 
On May 15 he replied to his letter condemning in most positive 
terms the whole scheme of separation from Coahuila as emanat- 
ing from an 'insignificant junta whose actions from the first had 
been annulled by the political chief and the supreme government 
of the state.' He warned the Gonzales ayuntamiento against par- 
ticipating thereafter in an affair of this or any other kind what- 
ever unless so ordered by the political chief, and he suggested in 
closing that thenceforth they would better keep clear of all polit- 
ical affairs. 1 

Of course, since they still desired to yield obedience to the Mex- 
ican authorities, there was but one thing to do. As soon as this 
communication was received a meeting of the ayuntamiento was 
called, and letters of explanation and apology were drawn up to 
be sent to the political chief. The people declared that in adopt- 
ing the action of the San Felipe convention there had been no in- 
tention whatever of disobeying the laws; that, in so far as their 
course was not approved by the Mexican officials, it should be con- 
sidered revoked ; and that in the future they would sanction and 
adopt only those measures that were considered legal by the 
supreme authorities. 2 Thus, while the mistrust and suspicion be- 
tween the Americans and the Mexicans grew gradually in other 
quarters, the people in this section of the country managed to keep 
on fairly good terms with the government. 

During 1834 and the early part of 1835 the Mexicans were busy 
with their own civil quarrels, and Texas, left to itself, was compar- 
atively quiet. But after Santa Anna had crushed the resistance 
of Zacatecas in battle, and had dissolved the legislature of Coa- 
huila and Texas, a feeling of renewed uneasiness among the col- 
onists manifested itself in the appointment of committees of safety 
in various municipalities. On May 17, 1835, the people of Gon- 
zales selected to serve on such a committee for their own district 
James B. Patrick, James Hodges, William W. Arrington, John 
Fisher, George W. Davis, Bartlett D. McClure, and Andrew Pon- 
ton. 3 

1 Bexar Archives. 

2 Two letters from ayuntamiento of Gonzales to political chief, May 27, 
1833; ayuntamiento of Gonzales to political chief, June 22, 1833; political 
chief to C. Francisco Madero, June 26, 1833; Madero to political chief, 
June 28, 1833; political chief to alcalde of Bexar, August 20, 1833. Bexar 
Archives. 

3 Brown, History of Texas, I 290. 

(109) 



— 55 — 

Shortly after this precautionary step, Edward Gritten, re- 
puted among the colonists to be a confidential friend of Santa 
Anna, 1 appeared in the town, having come direct from the City 
of Mexico. He found the people still desirous of maintaining 
peace with Mexico, yet equally determined to resist with energy 
the entrance of troops into the country. Gritten tried to per- 
suade them that he knew from the authorities that such was not 
the intention of the government, and he at once wrote requesting 
Ugartechea to confirm him in this statement. 2 So convincing were 
the reports that he brought from the Mexican capital that on July 
7, the alcalde of Gonzales called a meeting at which the inhabi- 
tants manifested their disapprobation of the proceedings at San 
Felipe and protested their allegiance to the government. 3 On the 
next day in reply to Gritten's request Ugartechea sent letters offi- 
cially assuring the colonists that troops were not coming. By this 
most welcome news the people of Gonzales seemed quite reassured. 
In order to dispel the fears that had been aroused by the mal- 
contents they, together with the municipality of Mina, caused 
copies of the communications from Ugartechea to be distributed 
about the country. 4 They were in the midst of this missionary 
work for the government when the corporal and his soldiers ap- 
peared at the river's bank requesting the cannon. 

The colonists were now no longer in doubt as to Mexico's inten- 
tions; consequently, their own attitude was no longer ambiguous. 
They knew that there were at Bejar eighteen pieces of unmounted 
cannon besides those mounted, and that this one was not needed 
there as Ugartechea claimed. They well understood that the only 
object the Mexicans had in getting possession of it was to disarm 
such Anglo-Americans as might prove dangerous neighbors. And 
they quite as clearly foresaw that a refusal to give up the gun 
would bring the government troops upon them. 5 When they met 

1 Report of William J. Fisher, president of the committee of safety at 
Gonzales, July 4, 1835. Austin Papers, 29. 

2 Gritten to Ugartechea, July 5, 1835. Bexar Archives. 

8 Gritten to Ugartechea, July 6, 1835. Bexar Archives; Mercurio del 
Puerto de Matamoras, August 27, 1835. Austin Papers, class 0. 

4 Gritten to Ugartechea, July 9, 1835. Bexar Archives. 

5 G. W. Davis, secretary of the committee of safety at Gonzales, to the 
committee of safety at Mina and to J. H. Moore, Colorado River. Septem- 
ber 25, 1835, in Telegraph and Texas Register, March 28, 1837. Austin 
Papers, 30. 



(110) 



-56 — 

to consider the answer to make when these troops should come, 
only three of the citizens were in favor of granting Ugartechea's 
request. 

The people therefore began to prepare for the trouble that they 
knew would ensue. Those who lived on the west bank of the 
Guadalupe began to move into Gonzales. 1 The townspeople began 
to get their wagons ready to move their families out — some east 
to the Colorado, 2 some only into the woods to hide. 3 Messengers 
were at once dispatched to various points in Texas for help. 4 The 
cannon was buried in George W. Davis's peach orchard, 5 and the 
ground was plowed and smoothed over it. 6 

Finally, on September 26, while the corporal was still waiting 
across the river, Andrew Ponton sent by another messenger the 
following reply to the political chief: 

Gonzales Sept 26th 1835 
Excellent Sir 

I received an order purporting to have come from you for a 
certain piece of Ordnance which is in this place. It happened that 
I was absent an so was the remainder part of the Ayuntamto 
when your dispatch arrived in consequence the men who bore sd 
dispatch were necessarily detained untill to day for an answer. 
This is a matter of delicasy to me nor do I know without further 

1 Castaneda to Ugartechea, September 29, 1835. Bexar Archives. 

2 E. Bailey to , September 26, 1835. Archives of Texas, D file 

22, no. 2133. 

3 Mr. Darst, who was a boy of about twelve years of age at the time, 
in telling of the experiences he then had, says that he and his mother and 
sister went up the river first to what was known as Tumlinson's Bend. 
They had not been there long when some of the Mexicans came so near that 
they could hear them talking. It seemed unsafe to remain there, so they 
went further up the river to Bolin's Bend, above the place where the San 
Marcos bridge now stands. Here with the families of George Davis and 
Green De Witt they remained about two days. Mr. Darst says that so 
many of the inhabitants were engaged in moving their families out of Gon- 
zales that at one time there were only eleven men left in the town. 

* Austin Papers, 30; report of Wm. Fisher to Austin, October 3, 1835 
(Austin Papers, 50) ; The Quarterly, II, 314. 

5 Mr. Darst pftints out the spot where the cannon was buried. It is 
on block 12 (see map 4). The Gonzales cotton gin and the Gardian liv- 
ery stable stand today on either side of the place. 

8 The Quarterly, II 315. Alcalde Ponton said that he had one thou- 
sand dollars (probably belonging to the ayuntamiento), and that he was 
afraid the Mexicans were going to take that, too ( E. Bailey to , Sep- 
tember 26, 1835. Archives of Texas, D file 22, no. 2133). 

(Ill) 



— 57 — 

information how to act this cannon was as I have always been 
informed given in perpetuity to this Town for its defense against 
the Indians. The dangers which existed at the time we received 
this cannon still exist and for the same purposes it is still needed 
here — our common enemy is still to be dreaded or prepared against. 
How or in what manner such arms are appropriated through- 
out the country I am as yet ignorant but am led to believe that 
dippositions of this nature should be permanent at least as long 
as the procuring cause exists. I must therefore I hope be excused 
from delivering up the sd cannon untill I have obtained more 
information on the subject matter At least untill I have an op- 
portunity of consulting the chief of this department 1 on the sub- 
ject — as well to act without precipitation — as to perform strictly 
and clearly my duty, and I assure you, that if, after a mature 
deliberation on the subject, I find it to be my duty & in justice 
to your self — I obligate my self to comply with your demands — 
and will without delay send the cannon to you. 

God & Liberty — 
Andrew Ponton, Alcalde. 2 

As soon as this reply was received, Ugartechea, on September 
27, sent Lieutenant Castaneda to Gonzales at the head of one hun- ' 
dred dragoons and bearing letters from himself and the political 
chief. This time the cannon was demanded. Without awaiting 
the answer of their own political chief the people were to deliver 
it at once. 3 Otherwise, Castaneda was to bring the alcalde of 
Gonzales to Bejar as prisoner and to punish all who should offer 
resistance. 4 

Before Castaneda reached Gonzales, on the 29th, he sent for- 
ward two soldiers with these letters, but within three leagues of the 
place he met the messengers returning without having delivered 
the letters. They were accompanied by another soldier, Isabel 
de la Garsa, who had a somewhat disconcerting story to tell. On 
the day before, at four o'clock in the afternoon, ten or twelve 
Americans had crossed the river, disarmed Corporal De Leon and 
the soldiers, and taken them and the cart drivers into town ais 
prisoners. He himself had escaped by hiding when sent by the 
Americans for the horses. Nevertheless, Castaneda continued his 
journey, and within one-eighth of a league from Gonzales he met 

1 That is, the department of the Brazos, created hy decree of March 18, 
1834. 

2 Bexar Archives. 

3 Angel Navarro to alcalde of Gonzales, September 27, 1835; Ugartechea 
to alcalde of Gonzales, September 27, 1835. Bexar Archives. 

4 Ugartechea to Castaneda, September 27, 1835. Bexar Archives. 

(112) 



V 



— 58 — 

one of the cart drivers, who had been set at liberty. This man 
confirmed Garsa's report, adding that for two days reinforcements 
had been coming into Gonzales; that their number was now about 
two hundred men, and that more were expected to arrive in the 
afternoon. 

Shortly before hearing this last account, Castaneda had a second 
time sent forward the two letters together with one of his own 
asking for an interview with the alcalde. The reply came back 
that the alcalde was absent, but that he was expected to return 
within three hours, when he would send an answer for himself. 
Castaneda could do nothing but await this answer, for he was pre- 
vented by the Americans from fording the river, 1 and the ferry- 
boat and canoes were on the other side under guard. 2 While he 
waited he wrote to Ugartechea a detailed report of all that had 
taken place. 3 

On the morning of the next day Castaneda went to the bank of 
the river to have his interview with the alcalde. There he was 
met by the regidor and told that the alcalde was still absent, but 
•that he had been sent for, and would surely return soon. The 
regidor promised that at four o'clock in the afternoon Castaneda 
might speak with the alcalde, or, if the latter were still absent, with 
himself. At the appointed hour Castaneda returned to the bank 
of the river where he met the regidor and three other men. The 
regidor refused to cross over, as he had promised, but read to Cas- 
taneda from across the stream the following communication : 

Tn the absence of the alcalde it has fallen to my lot to reply to 
the communication sent to him asking a second time for the cannon. 
* * * The right of consulting with our political chief seems 
to be denied us. Therefore my reply reduces itself to this : I can 
not nor do I desire to deliver up the cannon * * *, and this 
is the sentiment of all the members of the ayuntamiento now pres- 
ent. The cannon is in the town, and only through force will we 

X A Comprehensive History of Texas, I 180; account of the campaign of 
1835 by William T. Austin, aid to General Stephen F. Austin and Gen- 
eral Edward Burleson. A Comprehensive History of Texas, I 536. 

2 Bennet, in The Quarterly, II 315, says Jessie [Jesse] McCoy, Joseph 
Kent, Graves Fulchear, and W. W. Arrington kept watch at the river. 
Kent told Bennet afterward that he and Fulchear, in their hiding places, 
could scarcely resist the temptation to shoot at the Mexicans as they came 
to the opposite bank to water their animals. 

3 It is upon this report, dated September 29, 1835 (Bexar Archives), that 
the above account is based. 



(113) 



— 59 — 

yield. We are weak and few in number, nevertheless we are con- 
tending for what we believe to be just principles.' x 

Castefiada replied that they had no right to retain the cannon 
which had been lent as a favor, and maintained that it was an out- 
rage to keep as prisoners the corporal and soldiers who had come 
for it. But the regidor only repeated the substance of the letter 
above. 

In the afternoon Castaheda learned through a Cosate [Co- 
shatti?] Indian who had been in Gonzales that reinforcements 
were continuing to arrive. 2 It was necessary to do something at 
once. Hitherto he had been unable to cross the river at the town. 
He therefore decided that unless he received other orders fi:om 
Ugartechea 3 he would try to effect a crossing further up the 
stream. 4 That night he spent in camp on the mound at the De 
Witt place, about three hundred yards from the river. 5 The next 
morning at twelve o'clock he moved up the stream some seven 
miles and encamped in a very strong position upon Ezekiel Wil- 
liams's place. 6 

Castaneda had not been misinformed as to the arrival of volun- 
teers in Gonzales. At first there were only eighteen men to de- 
fend the town. 7 By the 30th there were between one hundred 

1 Joseph D. Clements, regidor, to Castaiieda, September 30, 1835. Bexar 
Archives. 

2 This account of the transactions of this day is based upon a report 
made late in the day by Castaneda to Ugartechea (Bexar Archives). 

8 In reply to Castaiieda's letter of the 29th, Ugartechea had ordered 
him, if the interview with the alcalde, had been unsuccessful, and if he were 
certain that the opposing forces were superior to his, to retire at once in 
prder not to compromise the national honor. Upon receiving Castaiieda's 
report made on the 30th, Ugartechea repeated this order (letters from 
Ugartechea to Castaiieda, September 30 and October 1, 1835. Bexar 
Archives). Castaneda probably received the first of these communica- 
tions before he withdrew from Gonzales. 

4 Castaneda to Ugartechea, September 30, 1835. Bexar Archives. 

5 Report of Wm. Fisher, October 3, 1835, in the Telegraph and Texas 
Register, April 4, 1837. Austin Papers, 50. 

6 Ibid. Miles S. Bennet, in The Quarterly, II 315, says that while the 
Mexicans were encamped at Williams's place they supplied themselves 
with many sacks of watermelons. 

T Wm. Fisher to Austin, October 3, 1835. Austin Papers, 50. A com- 
munication from Captains Albert Martin, R. M. Coleman, and J. H. 
Moore to the people of San Felipe and the Lavaca dated September 30, 
1835 (Austin Papers, 30) says that until the 29th there were but eighteen 

(114) 



— 60 — 

and fifty 1 and one hundred and sixty, and more were expected to 
arrive that day. 2 For the immediate emergency they organized 
with John H. Moore as colonel and J. W. E. Wallace as lieuten- 
ant colonel. 3 The cannon was unearthed and mounted ,uj)on a 
broad-tired ox-wagon by Mr. Darst, Mr. Sowell, Mr. Chisholm 
and others. Chisholm and Sowell, both of whom were black- 
smiths, prepared shot for it by cutting up pieces of chains and 
forging iron balls out of such scraps as they could procure. 4 

When the Mexicans began to move up the river the Texans, 5 
suspecting that their object was either to await reinforcements 
from Bejar or to ford the river at the crossing fifteen miles above, 
determined to attack them before either of these plans could 
materialize. 6 On Thursday night, October 1, at seven o'clock, 
the Texans, fifty of whom were mounted, crossed the river carry- 
ing with them the brass cannon. 7 On the other side of the river 
they held a council of war, and listened to a "patriotic address" 

men in Gonzales, and that on the 30th there were about one hundred and 
fifty. The cart driver, who made his report to Castaneda on the 29th, 
said that about two hundred had already arrived at Gonzales. He un- 
doubtedly overestimated the number, but evidently reinforcements had 
begun to come in before the 30th. The eighteen men who were in Gon- 
zales from the first were known as the "Old Eighteen" defenders of Gon- 
zales. Bennet gives their names as follows: Capt. Albert Martin, 
Jacob C. Darst, Winslow Turner, W. W. Arrington, Graves Fulchear, 
George W. Davis, John Sowell, James Hinds, Thomas Miller, Valentine 
Bennet, Ezekiel Williams, Simeon Bateman, J. D. Clements, Almerion 
[Almeron] Dickinson, Benjamin Fuqua, Thomas Jackson, Charles Mason, 
Almon[d] Cottle (The Quarterly, II 314.) 

1 Captains Martin, Coleman, and Moore to the people of San Felipe and 
the Lavaca. Austin Papers, 30. 

2 Castaneda to Ugartechea, September 30, 1835 (Bexar Archives); 
William Fisher to Austin, October 3, 1835 (Austin Papers). 

8 Account of the campaign of 1835 by William T. Austin (A Comprehen- 
sive History of Texas, I 536. 

4 The Quarterly, II 315. Mr. Darst says that Mr. Martin had two cot- 
ton wagons. The forewheels of one of these were used to mount the cannon. 
He also says Mr. Dickinson was put in charge of the cannon. 

6 For convenience, the word Texans is here applied to Anglo-Americans 
in Texas as opposed to Mexicans, although this distinction is not strictly 
proper until Texas became independent. 

6 Report of Wm. Fisher, October 3, 1835, in Telegraph and Texas Regis- 
ter, April 4, 1837. Austin Papers, 50. 

7 A Comprehensive History of Texas, I 180. 

(115) 



—61 — 

by Eev. W. P. Smith, a Methodist preacher from Eutersville. 1 
They then marched up the river, and at about four o'clock In the 
morning formed for action. The mounted men were placed in 
front of the cannon; on either side was a detachment of footmen 
accompanied by flankers on the right and left. A small guard 
brought up the rear. In this order they marched silently to the 
place they intended to occupy. Just as they reached it the Texan 
advance guard was fired upon by the Mexican pickets, and one 
man was slightly wounded. The Mexicans at once formed. The 
two columns of Texan footmen deployed into line with the horse- 
men on the extreme right and the cannon in the center. A dense 
fog made it difficult for either side to move with advantage, and 
the Texans therefore kept their places until daylight. The Mex- 
icans occupied a commanding position on a slight eminence. As 
soon as it was light enough, the Texans advanced into the open 
prairie until within three hundred and fifty yards of the Mexi- 
cans, and opened fire. The Mexicans retreated, and then proposed 
a parley. 

By this time the fog had lifted, and Colonel Moore and Lieu- 
tenant Castaneda advanced to meet each other in full view of the 
opposing forces. Castaneda asked why the Mexicans had been 
attacked. Colonel Moore replied that they had demanded a can- 
non that the colonists had been given for their own defense and 
that of the constitution, and had threatened to use force in case it 
was refused; that Castaneda was acting under orders from Santa 
Annta, an enemy of the constitution and laws of the country; and 
that the Texans were determined to fight for this constitution. 
Castaneda replied that he and two-thirds of the Mexicans were 
republicans, and that he was still an officer of the Federal govern- 
ment, which, however, had undergone considerable change; that, 
since the majority of the stateG had decided upon the change, 
Texas, too, must submit to it; that it was not his intention to fight 
the Anglo-Americans; that his instructions were simply to demand 
the cannon, and, if it were refused, to await further orders. Col- 
onel Moore then asked that he either surrender with all his troops, 
or join the Texans — in which event he would be allowed to retain 
his rank, pay, and emoluments, — or fight immediately. Casta- 
fieda replied that he must obey orders. Thus the interview ended. 

The Texans again opened fire, and the Mexicans almost imme- 
diately threw aside all unnecessary incumbrances, and turned and 
fled. The people who were anxiously awaiting in Gonzales the 
result of the skirmish told afterwards that in the early morning 

'The Quarterly, II 316. 

(116) 



— 62 — 

the shriek of the cannon with its unusual charge could be heard 
reverberating along the valleys with remarkable distinctness. 1 
The Mexicans lost one man — the total mortality of this memora- 
ble engagement. 2 

Reinforcements continued to arrive at Gonzales., and every one 
seemed anxious that Stephen F. Austin should come thither and 
direct future operations. On October 6 a dispatch was received 
from Bejar saying that Ugartechea was on the way to Gonzales 
with five hundred men. Since requests and demands sent by sub- 
ordinates had failed to bring the cannon, the principal command- 
ant was coming in person to "take" it. 3 This only increased the 
desire for Austin's presence, and when on the same day there were 
received in Gonzales communications from Ugartechea addressed 
to Austin 4 they were forwarded, accompanied by the following 
letter : 

Gonzales, October 6, 1835, twelve o'clock at night. 
Dear Colonel, — You will receive important despatches by the 
bearer, that Colonel Ugartechea and probably General Cos are now 
on their march here with all their forces to take the gun if it is 
not delivered. 

You will see by Ugartechea's letter to you he proposes a 
sort of a compromise. That will give us an opportunity to enter- 
tain him a little while, upon the suggestion that you are sent for, 
while we get in more men. We who subscribe this request you 
earnestly to come on immediately, bringing all the aid you possi- 
bly can. We want powder and lead. Do all you can to send on 
instantly as much as possible. 

P. W. Grayson. 

Pat. C. Jack. 

J. W. Fannin, Jr. 

Thomas P. Gagsley. 

J. W. E. Wallace. 

John J. Linn. 

S. R. Miller. 

A. Pallard [Pollard.] 5 

1 Bennet, in The Quarterly, II 316. 

2 Account of the campaign of 1S35 by William T. Austin (A Comprehen- 
sive History of Texas, I 537) ; Castafieda to Ugartechea, October 2, 1835 
(Bexar Archives). Castafieda gave this brief report at one o'clock in the 
afternoon. He says the attack was made at five that morning. 

Mohn H. Moore to San Felipe committee of safety. Archives of Texas, 
D file 13, no. 1248. 

4 Account of the campaign of 1835 by William T. Austin (A Comprehen- 
sive History of Texas, I 538) ; Gritten to alcalde, ayuntamiento, and peo- 
ple of Gonzales (Austin Papers, class K, no. 9). 

B A Comprehensive History of Texas, I 538. This letter is not in the 

(117) 



— 63 — 

The volunteers had by this time reached the number of three 
hundred. 1 Without waiting for Austin's answer, they held a 
council of war and temporarily organized the troops. Arrange- 
ments were made to secure as soon as possible supplies such as 
beeves, wagons, teams, spades, shovels, axes, and hoes. A large 
cornfield was secured from Eli Mitchell as a place of encampment. 
On the same evening, information having been received of the 
advance of the Mexicans upon Victoria, one hundred men were 
despatched thither to help defend that place. 

It was generally agreed that the best plan would be to attack 
Bejar and thus to prevent the colony from becoming the battle 
ground. Preparatory to such a campaign, however, a new and 
permanent organization was necessary, and the first step was the 
election of a commander-in-chief. On the morning of October 
11, the board of war met and resolved that at four o'clock in the 
afternoon the election should be held by companies. This an- 
nouncement produced the greatest excitement in camp. The men 
were mostly strangers to each other, and those from each section 
had a candidate to suggest for the place. None of the factions 
seemed willing to submit to the choice of any other, and many of 
the volunteers threatened to return to their homes provided their 
favorites were not elected. Feeling ran so high that it seemed for 
a time that the troops might disband. 

Just at this critical moment, 2 Stephen F. Austin arrived. The 
effect was remarkable. Factional wranglings at once ceased. All 
parties rallied around the general favorite, and he was unani- 
mously chosen as commander-in-chief of the army of Texas. He 
saw that he alone could meet the exigency, and, although in feeble 
health, he immediately assumed command. 3 The same day he re- 
organized the forces. On the morning of the 12th the troops began 

manuscript copy of W. T. Austin's account of the campaign of 1835, in 
the possession of the University of Texas. 

1 John H. Moore to San Felipe committee of safety, October 6, 1835. 
Archives of Texas, D file 13, no. 1248. 

* October 8. He came at about one o'clock in the afternoon. 

3 A11 that is told above concerning the formation of the board of war 
and the organization of the forces is based upon the account of the cam- 
paign of 1835 by William T. Austin (A Comprehensive History of Texas, 
I, 538-540 ) . The writer of this account was in Gonzales during this period. 
He was secretary of one of the meetings held by the board of war. 



(118) 



— 64— 

to cross the Guadalupe river, and on the 13th they took up their 
line of march for Be jar. 1 

The details of the campaign that followed need not be given 
here. It resulted in the expulsion of the Mexican troops from Texas 
in the fall of 1835. The organization of the provisional government, 
the quarrel between the governor and council, the unfortunate Mat- 
amoras expedition, and the declaration of independence, on March 
2, 1836, must also be passed over with only this bare mention. 

In February, 1836, the Mexicans again invaded Texas, and while 
the convention which had declared its independence was framing a 
constitution for the new republic Santa Anna was besieging the 
Alamo. 2 The first report of the investment of the Alamo reached 
Gonzales on the night of the 26th in the form of a letter from 
Colonel Travis, the commander of the Texan troops, which read as 
follows : 

Command ancy of Bexar. 
Feb. 23, 3 o'clock, p. m. 1836. 
To Andrew Ponton, Judge, and the Citizens of Gonzales: 

The enemy in large force is in sight. We want men and pro- 
visions. Send them to us. We have 150 men and are determined 
to defend the Alamo to the last. Give us assistance. 

W. B. Travis, Lieut.-Gol. Commanding. 

P. S. Send an express to San Felipe with the news night and 
day. Travis. 3 

In response to this call a company of thirty-two men from Gon- 
zales succeeded in breaking through Santa Anna's lines and on 
March 1 entered the Alamo. 4 

1 Stephen F. Austin's Order book for the operations against B6jar. 
Austin Papers. Mr. Darst says that the cannon was taken to B6jar at 
this time, and that shortly after the capture of B6jar two four-pound 
copper cannon and one nine-pound iron cannon were sent to Gonzales by 
the Texan troops at Bgjar. 

- The Alamo was the name applied to the old mission of San Antonio 
de Valero. The chapel of this mission with its adjacent buildings consti- 
tuted a strong fortification. 

3 Brown, History of Texas, I 550. 

* Copy of a letter written by Col. Travis to a friend, dated from 
the Alamo, March 3, in Telegraph and Texas Register, March 24, 1836. 
Austin Papers, 19. Elsewhere in this same number of the Telegraph the 
following names of some of those who went from Gonzales are given: 
Capt. A. Dickinson, George C. Kimball, James George, Dolphin Floyd, 
Thomas Jackson, Jacob Durst [Darst], George W. Cottle, Andrew Kent, 
Thos. R. Miller, Isaac Baker, Wm. King, Jessee [Jesse] McCoy, Claiborn 
Wright, William Fishback, — Millsap, Galby Fuqua, John Davis, Albert 
Martin. Bennet, in The Quarterly, II, 314, adds the following names 
to this list: William Dearduff, John E. Garvin, John E. Gaston, Robert 

(119) 



-65 — 

The news of the siege of the Alamo spread rapidly, and it was 
rumored that the Mexicans were again on the march to Gonzales. 
Once more the Texans hurried to this frontier settlement in order 
here to hold the enemy in check and to nrevent his entrance into 
the colonies. On March 4, preparatory to the new campaign, 
Houston was made commander-in-chief of the army. On the 11th, 
at four o'clock in the afternoon he reached Gonzales to take com- 
mand of the troops that were gathering there. 1 

Just at dusk on the day of Houston's arrival Anselmo Bogarra 
and another Mexican came bringing the news that the Alamo had 
fallen. 2 Astonishment, grief, and terror were the conflicting emo- 
tions produced by these sad tidings. The town became a scene of 
general confusion and panic. Only ten days before it had given 
thirty-two of its citizens to the defense of the Alamo. Now there 
was scarce a home in the town that had not been bereaved of a rel- 
ative or friend. 3 To grief was added terror, for it was also 
rumored that an advance division of the army, two thousand 
strong, was on its way to Gonzales. 

In order somewhat to calm the people Houston pretended not to 
believe the report, and accordingly he had the two Mexicans ar- 
rested as spies and placed under guard. But nevertheless, on the 

White, Amos Pollard, John Cane, Charles Despalier, George Tumlinson, 
Johnnie Kellogg. Brown (History of Texas, I 565) says that Albert 
Martin commanded this company of men from Gonzales. Besides these 
thirty-two there were other persons from Gonzales in the Alamo, among 
whom were Lieutenant Almeron Dickinson, his wife, and infant daughter 
(ibid., 566). 

1 J. H. Kuykendall, who was in Gonzales at this time, says that before 
the arrival of Houston Mosely Baker was chosen to take charge of the 
troops, and that while he was in command he noticed that across the river, 
opposite the Texan encampment, was a bluff, which might be occupied to 
advantage by the Mexicans. To defend the camp, in such an event, he 
constructed in front of it a circular breastwork of hewn trees. The 
Quarterly, IV 293). 

2 Brown, History of Texas, I 587. 

3 The Quarterly, IV 293. Captain Handy, who was an eye-witness 
to this scene, says: "For four and twenty hours after the news reached 
us not a sound was heard, save the wild shrieks of women and the heart 
rending screams of their fatherless children. Little groups of men might 
be seen in various corners of the town, brooding over the past and spec- 
ulating on the future, but they scarce spoke above a whisper, for here 
the public and private grief was alike heavy; it sunk deep into the heart 
of the rudest soldier." (Captain Handy's report as dictated to J. J. 
R. Pease in 1836, printed in the Abilene Reporter and reprinted in the 
Gonzales Inquirer of October — , 1903.) 

(120) 



— 66 — 

morning of the 13th, he sent out Deaf Smith, Henry Karnes, and 
E. E. Handy toward Bejar to learn the truth. About twenty 
miles from Gonzales they met Mrs. Dickinson with her infant 
daughter and two servants, one belonging to Travis and one to 
Almonte. Through her it was learned that the Alamo had indeed 
fallen, that all its defenders — among whom was her husband, 
Lieutenant Dickinson, a resident of Gonzales — were slain, and that 
a division of the army under General Siesma was even then on its 
way to Gonzales. Leaving his companions to accompany Mrs. 
Dickinson, Karnes hastened to Gonzales to confirm the worst fears 
of its stricken inhabitants. 1 

To Houston there seemed only one advisable course to pursue. 
He felt that his force was too weak to meet in the frontier town 
the Mexicans who were reported to be on the march thither in 
overwhelming numbers. He therefore gave the order to retreat. 
Three cannon that were in the town were thrown into the river. 2 
Much of the baggage that belonged to the army was burned by the 
troops in their camp fires, because of the impossibility of carry- 
ing it away. The few army wagons Houston had were placed at 
the disposal of the people of the town, who, in the midst of the 
greatest confusion, were attempting to collect some of their effects. 
At eleven o'clock the army began its march, 3 and at intervals during 
the whole night it was passed and repassed by little groups of 
the fleeing inhabitants. Finally all had gone except those who were 

1 Ibid. 

2 See above, page 158, note 1. Mr. Darst relates the following details 
concerning these cannon: The iron nine-pounder was never mounted, 
but had rested on a truck wagon by Sowell's blacksmith shop. It was now 
thrown into the slough, just north of where the oil mill stands today. 
It has never been recovered. The two four-pound cannon were mounted 
in Gonzales and were taken to Houston's camp, which was located where 
the Sunset brickyard now is. At Houston's order they were thrown 
off the bluff at that place into the river. In the summer of 1848 one of 
these guns was recovered by Mr. Darst, C. C. De Witt, Wiley Collins, and 
others. It was brought to the town, and in succeeding years was fired off 
on all jubilee occasions. During the 50's it was taken by Jordan R. Bass 
to his ranch in Nueces County, near Corpus Christi. Early in 1904 Mr. 
Darst heard that during the Civil War it was mounted for the defense 
of that place. 

On one occasion while the gun was in Gonzales, it was overcharged and 
a piece of the muzzle was blown off. Just recently it has been learned 
that this piece is probably in the possession of Mr. Lewis of Nueces 
County, the son of "Gun Smith" Lewis, who lived in Gonzales when the 
accident occurred. 

3 The Quarterly, IV 243, 294.- 

(121) 



— 67- 

left to set the town on fire. 1 Toward morning the fugitives, look- 
ing back, beheld a red glow along the western horizon. 2 By day- 
light there remained of the thirty houses or more that had made up 
the little town of Gonzales only two small huts. 3 

After the retreat, thus begun, had ended about six weeks later 
in the defeat of the Mexicans at San Jacinto, and the invaders 
had been driven out of Texas, the people of Gonzales returned to 
their desolated homes. 4 At this point, however, the life of the 
settlement began anew. The corporate existence of the De Witt 
colony was no longer recognized. The titles of the settlers were of 
course respected by the Texan government, and they remained in 
possession of the lands that had been allotted to them. But the 
remainder of the territory comprised within the limits of the grant 
became part of the public domain of independent Texas. Hence- 
forth the Mexican was the foreigner, and the Anglo-American en- 
tered freely, welcomed by those of his own race who had now taken 
possession of the soil. 

1 Report of R. E. Handy cited above, page 159, note 3 ; report of Captain 
Sharp, in Foote, Texas and the Texans, II 268. Captain Sharp says : "We 
divided ourselves into two parties, one party to commence at one end 
of the town the other at the other end and meet. There were some four 
or five in each party, and we made rapid work of it. The houses were 
principally framed, covered with thin boards split from the oak, similar 
to barrel staves. In the course of a few minutes the flames began their 
work of destruction, and by dawn every house was burning or had crum- 
bled to ashes." 

2 Soon after they discovered that the town was on fire they were alarmed 
by several loud reports in the same direction. Many at first believed 
that it was the Mexican artillery, but it proved to be only the explosion of 
some gunpowder in one of the burning stores (The Quarterly, IV 295). 
Mr. Darst says that when the order to leave town was given his family 
thought the intention was only to hide in the woods again as they had 
done the previous September. They therefore had taken only their bed- 
ding and a few other necessary articles. After they were about two miles 
out of town, however, they understood that it was a general retreat. He 
then went back after one ox and three cows that they had left. While he 
was in the town at this time, standing on the place where the residence of 
Dr. Jones now is, he watched the explosion of the store that contained 
the gunpowder. 

3 See map 4. 

4 Mr. Darst says that when the people began to return they found many 
of the old land marks entirely obliterated. In consequence, some persons 
settled upon one of the public squares. The citizens naturally objected. 
Considerable unpleasantness followed, but finally the trespassers moved 
away. They then established themselves about thirty-five miles up the 
Guadalupe, and their settlement became the present town of Seguin. 

(122) 



— 69 — 



Appendix I. 



List of the Original Settlers in De Witt's Colony * 
1. Those Who Obtained Grants through the Empresario. 



6 

7 
8 
!) 

10 
11 
12 
13 
14 
15 
16 
17 
18 

19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 



Alexander, Caleb P 

Allen, George 

Arrington, Wm. W 

*Ashby, John M 

*Baker, Isaac 

Baker, Moses 

Barton, K. W 

Bateraan, Si 

Bedford, Jose Ramon.... 

Bennet, Valentine 

*Berry, Esther 



Berry, Francis 

Blair, George 

Branch, Umphries. 

Brand, David W.... 

Brock, Caleb 

Burket, David 



Burns, Arthur 

Burns, Squire 

Caldwell, Mathew 

Campbell, Joseph 5 

Chase, Wm 

Chisholm, R. H 

Clements, Joseph D 
*Cobbey, Wm 

Cottle, Almond.. . 

Cottle, G. W 

*Cottle, Harriet 

Cottle, Isaac 7 

Cottle, Jonathan 

Darst, Jacob C 



*Davis, Daniel 



Married 

or 
Single 



M 
M 
S 
M 
S 
M 
M 
M 
S 
S 

Widow 



M 



M 
M" 



S 
M 
M 



M 

S 
M 
M 
M 

M 

M 

S 
S 
M 

Widow 

M 
M 
M 



M 



Date of Arrival 



Feb. 

Mar. 

Feb. 

Feb. 

Aug. 

Feb. 

Mar. 

Feb. 

Sept. 

April 

Nov. 



26, 1830 
31, 1831 
15, 1831 
20, 1830 
13, 1830 
20, 1831 
15, 1829 
20, 1831 
20, 1830 
1, 1831 
6, 1830 



May 12, 1825 
Feb.'"'lO,'T829 



May 29, 1830 



April 20, 1830 
Feb. 26, 1830 
June 1, 1830 



Aug. 1, 1826 

Aug. 15, 1826 

Feb. 20, 1831 

Mar. 22, 1827 

Aug. 30, 1826 

Jan. — , 1829 

Dec. 25, 1829 

Aug. 22, 1830 

Certificate Missing 

July 6, 1829 

12, 1827 

15, 1830 

6, 1829 

10, 1831 



Nov 
Jan. 
July 
Jan. 



Feb. 20, 1831 



u ■= 
N B 
in £, 



Size of 
Grant 



1 Sitio 

1 " 

i " 

1 " 

i " 

1 " 

1 " 

1 " 

i " 

i " 

24 " 
'25 

J " 



Date of Title 



May 

June 

June 

July 

June 

June 

July 

April 

June 

Nov. 

July 

Sept. 

May 

Aug. 

Dec. 

June 

Nov. 

Nov. 

Nov. 

May 

May 

Nov. 

July 

July 

June 

Aug. 

Aug. 

Sept. 

Nov. 

May 

July 

Sept. 

May 

Sept. 

May 

April 

July 

May 



5, 1831* 
2, 1831 

16, 1832 
18, 1831 

14, 1832 

22, 1831 

11, 1831 

23, 1831 

6, 1832 
8, 1831 

20, 1831 3 
20, 1831 

15, 1831 

24, 1831 
1, 1831 

28, 1832 
20, 1831 

29, 1831 

25, 1831 

5, 1831 4 
10, 1832 

26, 1831 
9, 1831 

10, 1831 
22, 1831 
24, 1831 

17, 1831 

7, 1831 

6, 1831 
5, 1831 

13, 1831 

12, 1832 
1, 1831 6 

16, 1832 
1, 1831 

24, 1831 
1, 1831 
1, 1831 



Reference to 
"Titles, 
De Witt's 
Contract" 



...147-150 

...255-205 
...759-762 
...397-400 
. .721-724 
289-292 
,.4:;i-4:;4 

... 23-26 
...701-704 
...601-604 
...115-120 
...121-125 
...105-110 
...111-114 
..555-558 

55i»-5<;2 
...589-592 
...577-580 
...585-588 
...135-138 
...611-614 
...615-618 

379-3H2 
...359-362 
...315-318 
...435-138 

.457-460 
...493-496 

541-544 
..171-174 
..405-408 

.799-802 

195-198 
..785-790 

1-4 
.. 39-42 
.. 43-46 

251-254 



1 This must have included slaves. 

2 Set aside by decree of court, 1843. 

3 The certificate was given to Isaac House; he died and his widow, Esther Berry, received the title. 

4 Set aside by decree of court, 1843. — Gonzales 1—359. 

5 Joseph Campbell received the certificate. He died and the land was given to the family in the name of Cyrus, 
one of the sons. 

6 The certificate was given to Andrew Tumlinson; he died and his widow, Harriet Cottle, received the land. 

7 The certificate was made to Isaac Cottle; at his request the title was given to Mary Ann Williams, his wife. 

[This table is compiled from "Titles, De Witt's Contract," two volumes, and "Titles to Special Grants," one 
volume, all three (manuscript) in the General Land Office of the State of Texas. In making up the list of names I have 
followed as far as possible the spelling shown by the signatures of the colonists themselves. In the few cases in which 
the signatures are illegible, I have adopted the spelling given in the certificates. Names marked with a star are those 
of colonists who were unable to write, aad for whom others had to sign. Grants to widows were made in their maiden 
names.] 



(124) 



— 70— 



List of the Original Settlers in DefVitfs Colony — Continued. 



Married 

or 
Single 



Date of Arrival 



Size of 
Grant 



Date of Title 



Reference to 

"Titles, 

De Witt's 

Contract" 



37 Davis, George W... 

88 Davis, James C 

39 Davis, Jesse K 

40 *Davis, John 

41 Davi«, Zachariah 

42 Derduff, William.. 

43 Denton, Abraham 

44 DeWitt, Eliza 1 

45 DeWitt, Green 2 



46 

47 
48 
49 
50 
51 
52 
53 
54 
55 
56 



Dickinson, Almeron.. 
Dickinson, Edward 
Dikes, M. G 

57 *Dowlearn, Patrick 

58 *Duncan, Benjamin.... 

59 Eennel, John 

60 *Fenny, Ambrose 

61 Foley, George. 

62 Fullshear, Benn 

Fullshear, Churchill. 

Fulshear, Graves 

Fuqua, Benjn 

Fuqua, Silas 

Garvin, John E 

George, James 

Gibson, James 



Gillen, Michael 

Haven, Eben. 

73 *Hcath, Richard 

74 *Henry, John 

75 Highsmith, Samuel. 



80 
81 
82 
83 
84 



Hill, William 

Hinds, Gerren 

Hmds, James 

House, William 

Hughart, Edward. 

Hughes, James 

Jackson, Thomas.. 



M 

S 
S 

s 

M 

s 
s 

Widow 

M 



Mar. 
Mar. 

Sept. 
Feb. 
Feb. 
Mar. 
July 
Jan. 



20, 1831 

28, 1829 

29, 1830 
16, 1830 
20, 1831 
20, 1830 
16, 1825 
19, 1830 



M 

S 

S 
S 3 

s 
s 

M 

widower 

s 

M 

S 
S 
M 
S 
M 
M 



Feb. 20, 1831 
April 25, 1825 
Dec. 28, 1829 
June 24, 1827 
Oct. 16, 1828 

5, 1830 
20, 1830 
20, 1827 

19, 1826 
31, 1831 

20, 1829 

6, 1830 
11, 1830 
20, 1831 
20, 1830 

1, 1830 



June 

Mar. 

Nov. 

Dec. 

Mar. 

Jan. 

Mar. 

Mav 

Feb. 

Feb. 

Aug. 



M 
M 
S 
M 
M 



Feb. 
July 
Oct. 
Feb. 
Sept. 



20, 1831 
13, 1827 
24, 1828 
20, 1831 
4, 1829 



M 
M 
M 

S 
S 

s 

M 



June 10, 183!) 
April 13, 1825 

Feb. 24, 1830 

Nov. 17, 1830 

June 20, 1830 

Feb. 15, 1831 

July 6, 1829 



1 

1 

880000 

sq. varas 

621250 

sq. varas 
1 Sit 
1 ' 

2 < 

1 ' 
1 ' 
1 ' 

* ' 

1 ' 



Sept 

June 30, 

Mav 

Oct. 

July 

Nov. 

May 



April 13, 
Aug. 9 ; 



1831 
1831 
1832 
1831 
1831 
1831 
1832 
1831 

1831 



Aug. 11, 1831 



Aug. 13, 
Nov. 18, 
May 12, 
Dec. 4, 
Dec. 10, 
Dec. 5, 
Sept. 15, 
May 5, 
Nov. 26, 
Aug. 23, 
July 25, 
June 28, 
Sept. 13, 
June 22, 
July 10, 
April 24, 
April 24, 
April 24, 
June 14, 
June 16, 
May 5, 
June 28, 
June 12, 
Aug. 11, 
June 22, 
June 24, 
May 24, 
May 5, 
May 1, 
Aug. 4, 
Aug. 11, 
May 10, 
May 25, 
July 6, 
June 21, 
June 6, 
Mav 1, 
May 10, 



1831 
1831 
1832 
1831 
1831 
1831 
1832 
1831 
1831 
1831 
1831 
1831 
1832 
1832 
1831 
1831 
1831 
1831 
1832 
1832 
1831 
1831 
1832 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1832 
1832 
1831 
1831 



...511-514 
...275-278 
...633-636 
...527-530 
...371-374 
...537-540 
...629-632 
... 75-80 

...473-476 

...469-472 

...477-480 

.545-549 

...645-650 

...667-672 

...673-676 

...677-680 

...779-784 

...143-146 

...593-596 

...439-442 

...417-420 

...297-300 

...791-794 

...713-716 

...347-350 

... 35-38 

... 5-11 

... 31-34 

...717-720 

...751-754 

...163-166 

...301-304 

...725-730 

...731-734 

319-322 

.343-346 

... 97-100 

...175-178 

...211-214 

...215-216 

451^456 

.127-130 

... 81-84 

413-416 

689-692 

..697-700 

..223-228 

229-233 



1 Daughter of Green De Witt, and widow of Thomas Hamilton, who died after coming to the colony. The certifi- 
cate was issued to her husband. 

2 These grants made to De Witt were his premium lands. 

3 Dowlearn was, as a matter of fact, married to the widow of Josiah Taylor, one of the colonists;but as she was ap- 
plying for lands due her through her first husband, Dowlearn was entitled only to the share of a single man. 



(125) 



— 71 — 



List of the Original Settlers in De Witt's Colony. 



85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

110 

111 

112 

113 

114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 
128 
129 
130 
131 
132 
133 
134 



James, Phinehas 

♦Jones, John 

Kent, Andrew 

Kent, Joseph 

Kimball, George C 

*King, John G 

*Kistler, Frederick 

Lawlor, Joseph P 

Leech, William 

Lockhart, Andrew 

Lockhart, Byrd 

*Lockhart, Byrd B 

Lockhart, Charles 

Lockhart, John B 

Lockhart, Sam'l 

Lockhart, George W... 

Lockhart, Wm. B 

Managhan, George P. 

Matthews, Wm. A 

Middleton, Samuel P.. 

Miller, Thomas R.. . 

Mills, David G 

Mills, Robert 

*Morris. Bethel 

*Morris, John 

Morris, Silas M 

*Morris, Spencer 

Morrison, Stephen B.. 

Moss, Elihu 

McClure, Abraham 

McClure, B. D 



*MeCov, Daniel 

♦McCoy, Jesse ... . 

♦McCoy, John, Sr 

*McCoy, John 

McCoy, Joseph 

McCoy, Joseph, Jr. 

McCoy, Samuel 

McCrabb, John 

*Xash, Ira 

Neill, Jno. A 

Olivar, John 



Page William. 

Patrick, James B.. 

Ponton, Andrew. ... 

*Porter, Alexander. 

Priestly, P 

Richeson, Edwin... 
Robinson, Jesse 



Married 
or 

Single 



M 
S 
M 
S 
S 
M 
M 
S 
S 
M 

Widow' 

s 

M 

S 
M 
S 

s 
s 
s 
s 
s 
s 
s 
s 
s 

M 
M 
M 
M 
S 
M 



M 
S 
M 
M 
M 
S 
S 
S 
M 
M 
M 



S 
M 
S 
M 
S 
M 
S 



Date of Arrival 



Jan. 7, 1831 
Sept. 14, 1825 
June 12, 1830 
July 20, 1827 
5, 1825 
15, 1830 
20, 1830 
20, 1831 

19, 1830 
25, 1829 

20, 1826 
1829 

2, 1829 

24, 1829 
29, 1830 

25, 1829 
15, 1829 
25, 1830 

Feb. 19, 1830 (?) 
Dec. 30, 1829 
June 16, 1830 
Feb. 20, 1830 
April 23, 1830 
Feb. 20, 1831 
20, 1831 
20, 1831 
20, 1831 
20, 1831 
1831 
10, 1830 
10, 1830 



Mar. 
May 
Mar. 
Feb. 
July 
Mar. 
Mar. 
Feb. 
Mar. 
Feb. 
July 
Mar. 
Mar- 
Mar. 



Feb. 

Feb. 
Feb. 
Feb. 
Jan. 
May 



Mar. 20, 

Mar. 9, 

Mar. 9, 

Mar. 9, 

Jan. 29, 

Mar. 20. 

Jan. 4, 

Mar. 20, 

May 29, 

Feb. 20, 

May 20, 



1830 
1827 
1827 
1827 
1829 
1830 
1829 
1830 
1829 
1831 
1825 



June 15 

Mar. 27 

Dec. 17 

Feb. 20 

May 24 

April 15 

Sept. 10 



1830 
1829 
1829 
1831 
1830 
1830 
1827 



Size of 
Grant 



1 

i 

1 

i 
i 
1 
1 
i 
i 
1 
1 

i 

1 

i 

1 

i 
1 

i 
1 

i 

i 
i 
i 
i 
i 
1 
1 
1 
1 

1 

S4 
2f. 
1 

re 

1 

i 

1 
1 
1 
i 

i 
i 
1 
1 

2 4 

"2 5 
1 

sir 
i 

1 

i 
1 

i 

1 

i 



Date of Title 



Reference to 

"Titles, 

De Witt's 

Contract" 



May 1 
July 10 
June 28 
June 10 
Nov. 28 
April 24 
July 11 
Sept. 13 
June 12 
Sept. 14 
April 30 
May 25 
May 10 
Dec. 
July 
Sept. 10 
Sept. 17 
May 1 
May 
Sept. 12 
Sept. 20 
June 15 
Sept. 13 
July 1 
Sept. 16 
June 22 
June 25 
June 22 
Nov. 25 
July 
Sept. 
Sept. 12 
June 18 
April 24 
April 24 
May 5 
May 1 
July 11 
July 9 
July 13 
May 1 
June 20 
May 1 
July 27 
Aug. 24 
Sept. 3 
June 18 
June 22 
Dec. 10 
Sept. 15 
May 5 



1831 

1831 

1831 

1832 

1831 

1831 

1832 

1832 

1832 

1831 

1831 

1831 

1831 

1831 

1831 

1831 

1832 

1831 

1831 

1831 

1831 

1832 

1831 

1832 

1832 

1831 

1831 

1831 

1831 

1831 1 

1831 

1831 

1832 

1831 

1831 

1831 

1831 

1832 

1831 

1831 

1831 

1831 

1831 

1831 

1831 

1831 

1832 

1831 

1831 

1831 

1831 



.207-210 
.351-354 
.293-296 
.693-696 
.581-584 

27-30 
.771-774 
.795-798 
.739-742 
.515-518 
. 51-56 
. 85-88 
.131-134 
.531-535 
.383-386 
.481-484 
.803-806 
.199-202 
.151-154 
.485-488 
.519-522 
.755-758 
.489-492 
..705-708 

37-810 
.323-326 

93-96 
.309-313 
.597-600 
.375-378 
.501-505 
.507-510 
747-750 

47-50 

15-18 
159-162 
.203-206 
.767-770 
387-395 
427-430 
.235-238 
101-104 
183-187 
189-193 
443-446 
497-500 
.735-738 
335-338 
651-654 
523-526 
.167-170 



1 Set aside by decree of court, 1853. — Gonzales 1-340. 



(126) 



— 72- 



List of the Original Settlers in De Witfs Colony — Continued. 



135 
136 
137 
138 
139 
140 
141 
142 
143 
144 
145 
146 
147 
148 
149 
150 
151 
152 
153 
154 
155 
156 
157 
158 
159 
160 
161 
162 
163 
164 
165 
166 
167 
168 
169 
170 
171 
172 
173 
174 
175 
176 
177 
178 
179 
180 
181 



Roe, John 

♦Roney, James 

*Sanders, Stephen F. 

Scott, Jonathan 

Seal, Solomon 

Shaw, James 

Shupe, Samuel 

♦Smith, Robert.. 

Smith, Stephen 

*Smothers, John 

Sowell, Lewis D 

Sowell, John 



Sowell, William A 

Stapp, Darwin M... 

Stapp, Elijah , 

Stapp, Wm. P. 

Stinnett, C. 

St. John, William 1 

Strode, William 

♦Tate, Elijah 

♦Taylor, Eehz 

Taylor, Hephzibeth. 

Taylor, William. 
♦Teal, Peter 

Thompson, James 

Tumlinson, David C... 
♦Tumlinson, James 

Tumlinson, J. J 

♦Tumlinson, Joseph 

Tumlinson, L. F 

Turner, Winslow 

Turner, Winslow, Junr. 

Ward, Russel 

Weldon, Isaac 

Wentworth, Tobias 

Wickson, Byrum 

Williams, Allan B 

♦Williams, Christopher. 

Williams, Ezekicl 

Williams, Malkijah 

Williams, Samuel 

Wood, James T 

♦Zumwalt, Abraham 

Zumwalt, Adam Jr 

Zumwalt, Adam 



Married 
or 

Single 



S 

s 
s 
s 

M 

s 
s 

M 
M 

Widow'r 

s 

M 



S 

s 

M 

S 

s 
s 

M 

s 

M 

Vido 

M 
S 
M 

S 
S 
M 
S 
S 
M 
S 

s 
s 
s 
s 

M 

S 
S 

s 
s 

M 

M 
M 
M 



Date of Arrival 



April 25, 
Jan. 

Mar. 26, 

Aug. 20, 

Feb. 20, 

Feb. 20, 

Mar. 27, 

Feb. 20, 

May 25, 

Sept. , 

May 3, 

May 3, 



1827 
1829 
1830 
1830 
1S31 
1831 
1827 
1831 
1830 
1828 

1830 



May 
June 
Mar. 
Feb. 
May 



31, 1833 
4, 1828 
20, 1830 
20, 1830 
20, 1830 



Certificate Missing 
Certificate Missing 

Feb. 1829 

Certificate Missing 

Jan. 16, 1829 
June 28 
April 24 



Dec. 
Dec. 
Dec. 



Feb. 

Nov. 
Dec. 4 
Nov. 18 
Mar. 5 
July 25 
June 24 
Mar. 13 
May 
Feb. 
Jan. 
Aus?. 
Nov. 
Feb. 
June 
May 
May 



1828 
1829 
1830 
1831' 
1828 
1829 
1829 
1828 
1829 
1829 
1830 
1828 
1828 
1829 
1830 
1831 
1829 
1830 
1830 
1831 
1830 
1830 
1829 



Size of 
Grant 



Date of Title 



July 10, 

June 11, 

Nov. 22, 

July 9, 

July 1, 

June 16, 

May 5, 

May 5, 
April 15, 

May 8, 

June 25, 

May 5, 

July 1, 

June 22, 

July 19, 
July ,16, 

July 9, 
April 15, 

June 12, 

June 15, 

May 5, 

May 1, 

July 26, 

Aug. 8, 

May 29, 
April 24, 

Dec. 15, 

Dec. 8, 

June 15, 

Aug. 8, 

Dec. 7, 
April 15, 

May 1, 

July 20, 

June 30, 

May 18, 

May 1, 

May 10, 

May 12, 

May 1, 

Nov. 20, 

June 15, 

June 22, 

Aug. 12, 

May 8, 

Nov. 23, 

Aug. 11, 



1832 
1832 
1831 
1831 
1831 
1832 
1831 
1831 
1831 
1832 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1832 
1832 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1831 
1832 
1831 
1832 
1832 
1831 
1831 
1832 
1831 
1831 
1832 
1831 
1831 



1. Unsigned. 

2. Evidently a mistake. The certificate is dated March 17, 1831. 



(127) 



■73— 



Those Who Obtained Land Directly From the Government. 



Baume, Joseph De la .... 

Cantu, Jesus 

Chirino, Marjila 

Clements, Joseph 1) 

Esnaurizar. Antonio M 1 . 
Fullshear, JBenn. \ 

Fulshear, Graves J 

Gortari, Eligio 

Kerr, Santiago 

Lockhart, livrd' 2 



Mansolo, Anastacio 

Pettus, Edward 

Pettus, Wffl 

Salinas, Jose Maria... 

Seely, Sarah 

Valdez, Jose Antonio. 



Date of Concession 



N ov. 4, 

Mar. 8, 

May 30, 

Feb. 9, 

July 23, 

Feb. 11, 

May 27, 

Feb. 15, 

Feb. 9, 



1828 
1830 
1828 
1831 
1830 

1831 

1828 
1831 
1831 



April 12 
Feb. 15, 
Feb. 9. 
July 4, 
Feb. 15 



1831 
1831 
1831 

1827 
1831 



Size of 
Grant 



1 
1 
1 
1 
1 
1 

1"&1l'r 
lsitio 
2 " 
4 " 
1 " 
1 " 



Date of Title 



July 


1, 


1332 




Nov. 


5, 


1831 




July 


1, 


1832 




July 


10, 


1835 




Nov. 


10, 


1831 




June 


3, 


1831 




Aug. 


30, 


1831 




July 


8, 


1831 




April 


5, 


1835 




June 


27, 


1833 




Nov. 


25, 


1831 




July 


8, 


1831 




Aug. 


30, 


1831 




May 


15, 


1831 




May 


15, 


1831 




Aug. 


31, 


1831 




April 


15, 


1831 




Oct. 


25, 


1833 





Reference to 
Titles to 
Special 
Grants. 



133-142 
9-17 

84-95 
155-108 

49-70 

71-76 

18-29 

77-83 

116-127 

105-115 

128-132 

42-48 

96-104 

1-8 

36-41 

143-154 

30-35 



1. This land was bought. 

2. A four-league grant was conceded to him, February 9, 1831. 

3. See Record Special Titles, I. 505-511. 



(128) 



— 74— 



Appendix II. 



List of the Lots in the Inner and Outer Town of Gonzales, Deeded 

by Alcaldes. 



Lots in the Inner Town. 



Block. 


Lot. 


g 


1,6 




2,5 




3,4 


3 


1,2 


27 


11 


3 


4 




5,6 


4 




5 


1,2 




3,4 




5,6 


6 


1,6 




2,5 




3,4 


— 


4,5 




2,3 


. 8 


2,3 




4,5 




1.6 


9 


1,2 




3,4 




5,6 


10 


1,6 




2,3 




4,5 


11 


1,2 




3,4 




5,6 


12 


1,6 




2,5 




3,4 


13 


1,6 




2,3 




4,5 


14 


1,6 


15 


1,6 




2,5 


16 


1,2 




3,4 



Appraisement. 8 



13.00 
10.00 
11.00 

Premium lots 

to empresano 

11.00 

7.50 
12.00 

Market Square 

9.00 
16.00 

8.00 
10.00 

Premium lots 

to mechanic 

9.50 
6 00 

Premium lots 

7.00 
6.50 
8.00 
7.50 

Premium lots 

6.50 
14.00 

Premium lots 

17.00 
17.00 
15.00 

Premium lots 

10.00 
12.00 
12.00 
11.00 

9.00 

5.00 

Premium lots 

4.00 
8.00 
8.50 



Date of Deed. 



Dec. 
Dec. 
Dec. 
Dec. 



Dec. 
Dec. 



Dec. 
Dee, 
Oct. 
Dec. 

Oct. 

Dec. 

Dec. 

Oct. 

Dec. 

Aug. 

Aug. 

Dec. 

Sept. 

Oct. 

Sept. 

Oct. 

Sept. 

Dec. 

Dec. 

Oct. 

Dec. 

Sept. 

Sept. 

Sept. 

Aug. 

Aug. 

Dec. 

Dec. 

Oct. 

Sept. 

Dec. 



28, 1833 
28, 1833 
28, 1833 
20, 1833 



Dec. 29, 1833 



23, 1833 
13, 1833 



28, 1833 
28, 1833 
15, 1834 
30, 1833 

15, 1834 

23, 1833 
28, 1833 

4, 1834 
12, 1833 
12, 1835 

12, 1835 

13, 1833 
26, 1834 

4, 1834 

26, 1834 
3, 1834 

25, 1834 

16, 1833 
28, 1833 

3, 1834 

24, 1833 
9, 1834 
9, 1834 
9, 1834 

4, 1835 

5, 1835 
30, 1833 
20, 1833 

8, 1834 

27, 1834 
23, 1833 



By Whom Deeded. 



J. B. Patrick 



To Whom Deeded. 



J. B. Patrick 

J. C. Davis 

J. B. Patrick 

J. C. Davis 

J. B. Patrick 

J. C. Davis 

J. B. Patrick 

Andrew Ponton 

J. B. Patrick 
J. C. Davis 



J. B. Patrick 

J. C. Davis 

J. B. Patrick 

J. C. Davis 



Andrew Ponton 

J. B. Patrick 

J. C. Davis 

J. B. Patrick 



Joseph P. Lawler 
Robert Mills 
David G. Mills 
Green DeWitt 

Thos. R. Miller 

W. W. Arrington 
Stephen Smith 



James Tumlinson 
L. F. Tumlinson 
Mary Ann Cottle 
Andrew Sowell 
J. B. Patrick 

John Sowell 
Samuel McCoy 
Garrett Low 
George W. Davis 
Joseph Thompson 
W. W. Thompson 
Bernard Brown 
Umphries Branch 
John Sowell 
Umphries Branch 
Jacob C. Darst 
Benjamin Kellogg 
Silas Fuqua 
Winslow Turner, Sr. 
Adam Zumwalt 
G. W. Davis 
Elizabeth Mitchell 
Eli Mitchell 
Andrew Ponton 
Nancy Brown 
L. Webster 
\lmond Cottle 
W. W. Arrington 
Garret Low 
Almeron Dickman 
Dolphin Floyd 



1. This list is compiled from tables contained in a manuscript volume In the office of Harwood 
and Walsh, Gonzales, entitled "Records of the Corporation of the Town of Gonzales." The list 
shows only the grants made by alcaldes, and therefore during the existence of the colony as such. Sub- 
sequent grants, which were made by the mayors of Gonzales and therefore after the disappearance of 
the colonial organization, are not included. 

2. In pesos and centavos. 



(129) 



— 75— 



Lots in the Inner Tonun — Continued. 



Block 


Lot 


16 


5,6 


17 


1,6. 


<< 


3,4 


" 


2,5 


18 




19 


3,4 


24 




25 




26 




27 


3 


28 


1,2 


« 


3,4 


" 


5,6 


24 





Appraisement 3 



Premium lots 

12.00 
9 00 

Premium lots 

Square 
11.00 
Square 
Square 
Square 

[See block 3 
abovej 

Premium lots 

to mechanic 

5.50 

5.25 

Square 



Date of Deed 



Dec. 30, 1833 
Sept. 9, 1834 
Sept. 26, 1834 



Dec. 7, 1833 



Dec. 30, 1833 

Dec. 30, 1833 
Dec. 30, 1833 



By Whom Deeded 



J. C. Davis 

J. B. Patrick 

J. C. Davis 



J. B. Patrick 



J. B. Patrick 



To Whom Deeded 



David Guthries 
Lewis D. Sowell 
John Cain 
Lewis D. Sowell 



Jesse K. Davis 



John Cain 

Almcron Dickinson 

Joseph Martin 
Horace Eggleston 



Lots in the Outer Toivn West of Water Street. 





M 

o 

s 


Lot 


Appraisement 


Date of Deed 


By Whom Deeded 


To Whom Oeeded 


1 


3 

4 
5 


1 

2 
3 
4 
l 1 
1 


3.00 

12.00 
2.50 


Dec. 
Dec. 
Dee. 
Dec. 


30, 1834 
30, 1834 
30, 1834 
30, 1834 


J. C. Davis 


Jacob C. Darst 


2 


Dec. 


30, 1834 


J. C. Davis 


Valentine Bennett 


" 


" 


2 


" 


Dec. 


30, 1834 








<< << 


" 


" 


3 


" 


Dec. 


30, 1834 








<< <. 


" 


" 


4 


" 


Dec. 


30, 1834 








<< << 


" 


" 


1 


3.00 


Dec. 


29, 1834 








Nancy Maiden 


" 


" 


2 


" 


Dec. 


29, 1834 








" 


" 


<<■ 


3 


" 


Dec. 


29, 1834 








«< 


" 


<< 


4 


" 


Dec. 


29, 1834 








" << 


3 


3 


1 
2 
3 

4 


1.344 


Oct. 
Oct. 
Oct. 
Oct. 


15, 1834 
15, 1834 
15, 1834 
15, 1834 








Moses Baker 


" 


4 


1 

2 
3 
4 


3.75 


Oct. 
Oct. 
Oct. 
Oct. 


18, 1834 
18, 1834 
18, 1834 
18, 1834 








Isaac Baker 


" 


5 


1 
2 
3 
4 




Oct. 
Oct. 
Oct. 
Oct. 


18, 1834 
18, 1834 
18, 1834 
18, 1834 








Valentine Bennett 


'" 


6 


1 
2 
3 
4 




Dec. 
Dec. 
Dec. 
Dec. 


12, 1834 
12, 1834 
12, 1834 
12, 1834 








G. W. Davis 

it it 


* * 


7 


1 


3.50 


Oct. 


15, 1834 








Jonathan Scott 



1. Reserved for school purposes. 



(130) 



—76— 

Lots in the Outer Town West of Water Street. 



so 

c 


03 


Lot 


Appraisement 


Date of Deed 


By Whom Deeded 


To Whom Oeeded 


3 


V 


T 

3 


2.00 


Dec. 
Dec. 


29, 1834 
29, 1834 


J. C. Davis 


Almeron Dickinson 

II a 


<< 


II 


4 


3.50 


Oct. 


15, 1834 


" " 


Jonathan Scott 


» 


8 


1 

2 

3 
4 


" 


Oct. 
Oct. 
Oct. 
Oct. 


5, 1834 
5, 1834 
5, 1834 
5, 1834 


.'! 


ii ii 


• ■ 


9 


1 


4.00 


Sept. 


29, 1835 


Andrew Ponton 


Ewin W. Turner 


4 


2 


1 
2 
4 


1.66 


Dec. 
Dec. 
Dec. 


6, 1834 
6, 1834 
6, 1834 


J. C. Davis 


G. W. Davis 


" 


3 


1 
2 
3 

4 


2.83 


Dec. 
Dec. 
Dec. 
Dec. 


4, 1834 
4, 1834 
4, 1834 
4, 1834 


,< 


James Hinds 


" 


4 


1 


1.87 


Nov. 


19, 1834 


" " 


John Baker 


<< 




2 


75 


Dec. 


4, 1834 


■ 1 it 


James Hinds 


<< 


.. 


3 


1.87 


Nov. 


19, 1834 


" " 


John Baker 


<< 


CI 


4 


" 


Nov. 


19, 1834 


" " 


" " 


» 


5 


1 
2 

3 

4 


3.75 


Dec. 
Dec. 
Dec. 
Dec. 


6, 1834 
6, 1834 
6, 1834 
6, 1834 


„ 


G. W. Davis 


" 


7 


1 
2 
3 
4 


" 


Dec. 
Dec. 
Dec. 
Dec. 


30, 1834 
30, 1834 
30, 1834 
30, 1834 


«« 


Almeron Dickinson 


" 


9 


4 


.31 


Sept. 


10, 1835 


Andrew Ponton 


Winslow Turner 


< < 


12 


1 

2 

3 
4 


1.00 


Sept. 
Sept. 
Sept. 
Sept. 


12, 1835 
12, 1835 
12, 1835 
12, 1835 


i, 


Nicholas Peck 


5 


5 


3 
4 


2.75 


Nov. 
Nov. 


20, 1834 
20, 1834 


J. (J. Davis 


Rebecca Warfield 


'« 


7 


1 
2 
3 
4 


" 


Dec. 
Dec. 
Dec. 
Dec. 


6, 1834 
6, 1834 
6, 1834 
6, 1834 


.1 


G. W. Davis 


" 


8 


1 

2 


4.50 


Dec. 
Dec. 


4, 1834 
4, 1834 


<< 


Thomas R. Miller 


< t 


" 


3 


2.58 


Nov. 


22, 1834 


" " 


Winslow Turner, Sr. 


<< 


«i 


4 


" 


Nov. 


22, 1834 


" " 


" " 


" 


9 


1 
2 


4.25 


Dec. 
Dec. 


4, 1834 
4, 183* 


<i << 


Thomas R. Miller 


" 


" 


3 


2.00 


Dec. 


26, 1834 


" " 


Winslow Turner, Sr. 


6 


7 


1 
2 
3 

4 


2-93 


Oct. 
Oct. 
Oct. 
Oct. 


15, 1834 
15, 1834 
15, 1834 
15, 1834 


ii (C 


G. W. Davis 


« 


8 


1 

2 
3 
4 


3.75 


Dec. 
Dec. 
Dec. 
Dec. 


30, 1834 
30, 1834 
30, 1834 
30, 1834 


« 


Thomas R. Miller 


" 


9 


2 


2.62 


1 Dec. 


9, 1834 


" " 


" 



(131) 



— 77' 



Lots in the Outer Town West of Water Street. 



Appraisement 



Date of Deed 



By Whom Deeded 



To Whom Oeeded 



2.62 
2.50 
1.75 

2.00 
1.50 
2.66 

1.56] 

2.37 

4.25 

7.00 
2.50 
3.16 

5.00 



Dec. 
Dec. 

Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sect. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 



U. 
11, 
11, 
14, 
14, 
14, 
14, 
25, 
25, 
26, 
26, 
12, 
12, 
12, 
12. 
15, 
15, 
15, 
15, 
12, 
12, 
12, 
12, 
10, 
10, 
10, 
10, 
22, 
22, 
17, 
17, 
17, 
17, 
IT, 
12, 
12, 
12, 
12, 



1834 
1834 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 
1835 



J. C. Davis 
Andrew Ponton 



Thomas R. Miller 
James George 
William DeardufE 

John Henry 



James George 
W. H. Kelly 
James George 

Horace Eggleston 



William Hill 

Frederick Rowe 
it tt 

John A. Neil! 
Sam'IP. Middleton 

Joel Ponton 



Lots in the Outer Town East of Water Street. 



Tier 


Lot 


Appraisement 


Date of Deed 


By Whom Deeded 


To Whom Deeded 


1 


1 

2 
3 
4 


8.25 


Sept. 21, 1835 
Sept. 21, 1835 
Sept. 21, 1835 
Sept. 21, 1835 


Andrew Ponton 


William Bell 




6 


3.33 


Sept. 10, 1835 


" " 


William Cobbey 




7 


* i 


Sept. 10, 1835 


" " 


" " 




8 


" 


Sept. 10, 1-835 


" " 


" 




9 


" 


Sept.- 10, 1835 


" " 






11 


4.00 


Sept. 9, 1835 


" " 


Dolphin Floyd 



(132) 



— 78 — 



Lots in the Outer Tonun East of Water Street. 



Tier 


Lot 


1 


12 


" 


13 


< < 


14 


" 


15 


•' 


16 


2 


4 


" 


5 


'< 


6 


" 


7 



Appraisement 



4.00 

2.12 
2,75 



Date of Deed 



Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Sept. 



9, 1835 
9, 1835 
9, 1835 
28, 1835 
28, 1835 
19, 1835 
19, 1835 
19, 1835 
19, 1835 



By Whom Deeded 



Andrew Ponton 



To Whom Deeded 



Dolphin Floyd 

Samuel McCoy 
John T. Tinsley 



Lots in the Outer Town East of Water Street. 



Range 


Lot 


Appraisement 


Date of Deed 


By Whom Deeded 


To Whom Deeded 


1 


1 

2 
3 

4 


3.37 


Sept. 16, 1835 
Sept. 16, 1835 
Sept. 16, 1835 
Sept. 16, 1835 


Andrew Ponton Stephen Smith 
a (t a •< 



(133) 



— 79- 



APPENDIX III. 

de witt's petition. 1 
(translation.) 

Most Excellent Sir : I, Green De Witt, a citizen of the United 
States of North America, appear before your excellency to make 
known to you that I have come to this country seeking to obtain 
permission to colonize with four hundred industrious Catholic 
families those lands of the ancient province of Texas (now an in- 
tegral portion of this State) which are included within limits that I 
shall shall herein designate. These immigrants shall be required to 
subject themselves to the religious, civil, and political laws of the 
country which henceforth they adopt as their own, and in estab- 
lishing themselves therein, they shall respect the rights of all pre- 
vious settlers, as provided by the colonization law which the honor- 
able congress of this state has just passed. Moreover, there shall 
be brought into this colony only such families as are known to be 
respectable and industrious. I therefore beg you to grant to me, 
your petitioner, those lands that are included within the following 
limits, in order that I may settle upon them the four hundred fam- 
ilies above mentioned : Beginning on the right bank of Arroyo 
de la Vaca at a distance of the reserved ten leagues from the coast, 
adjoining the colony of Stephen Austin on the east, the line shall 
go up the river to the Bejar-Nacogdoches road; it shall follow this 
road until it reaches a point two leagues to the west of Guadalupe 
River; thence it shall run parallel with the river down to the 
Paraje de los Mosquitos; and following the inner edge of the ten- 
league coast reservation, it shall close the boundaries of the grant 
at the point of beginning. 

We are also desirous that respectable families of this country 
[Mexico] shall come to settle with us, not only in order to con- 
tract enduring friendship with them, but also in order to acquire 
the use of the language of the nation that we now adopt as our 
own and the ability to give perfect instruction therein to our chil- 
dren. Therefore I humbly beg you to grant my petition. 

Green De Witt. 

Saltillo, April 7, 1825. 

Conditions upon which is allowed the projected introduction by 
Green De Witt, a citizen of the United States of North America, 
of four hundred families as colonists into the department of 
Texas. 

1st. Inasmuch as the plan presented in the preceding memo- 
rial by the person concerned conforms to the colonization law of 
the honorable congress of the state, adopted March 24, the gov- 
ernment consents to it, and, therefore, in fulfillment of article 8 

1 Empresario Contracts, 27-31. 

(134) 



— 80 — 

[of this colonization law], and in consideration of his petition, it 
assigns to him the land for which he asks, contained within these 
limits : Beginning on the right bank of the Arroyo de la Vaca, 
at a distance of the reserved ten leagues from the coast, adjoining 
the colony of Stephen Austin, the line shall go up this arroyo 
as far as the Bejar-Nacogdoches road; it shall follow this road 
toward the west until it reaches a point two leagues west of the 
Guadalupe River; from there it shall run parallel with the river 
south toward the coast until it reaches the ten-league coast reser- 
vation ; thence it shall run along the inner edge of this reservation 
toward the east to the place of beginning. 1 

2nd. The empresario shall respect the rights of individuals 
legally possessed of lands within this district. 

3rd. In accordance with the above-mentioned colonization law 
of March 24, the empresario, Green De Witt,, shall be obliged, 
under penalty of losing the rights and privileges guaranteed by 
article 8 of this law, to introduce the four hundred families within 
the term of six years beginning from to-day. 

4th. The families that shall compose this colony, besides being 
Catholic, as the empresario promises in his petition, must also be 
able to prove, by certificates from the authorities of the localities 
from which they come, their good moral character. 

5th. The empresario shall not introduce into his colony crim- 
inals, vagrants, or persons of bad morals, and if such be found 
there he shall cause them to leave the republic, by force of arms if 
necessary. 

6th. To this end he shall organize, in accordance with law, the 
national militia, and he shall be commanding officer of it until 
other arrangements shall be made. 

7th. When he shall have introduced at least one hundred fam- 
ilies he must advise the government, in order that a commissioner 
may be sent to put the colonists in possession of their lands ac- 
cording to law, and to establish towns, for which he shall carry 
competent instructions. 

8th. Official correspondence with the government or with the 
state authorities, legal instruments, and other public documents 
must be written in Spanish, and when towns shall have been 
formed, it shall be the duty of the empresario to establish schools 
in that language. 

9th. It shall also be his duty to erect churches in the new 
towns; to provide them with ornaments, sacred vessels, and other 
adornments dedicated to divine worship; and to apply in due time 
for the priests needed for the administration of spiritual instruc- 
tion. 

10th. In all matters not here referred to he shall be governed 
by the constitution, the general laws of the nation, and the special 
laws of the state which he adopts as his own. 
These articles having been agreed upon by his excellency, the 

1 In translating the description of this line, literalness has to a consid- 
erable extent been sacrificed to clearness. 

(135) 



—81 — 

governor, and the empresario were signed by both, in the presence 
of the secretary of the government. The original was placed on 
file in the archives, and it was ordered that a certified copy of both 
the contract and the petition be given to the empresario for his 
security. 

Eafael Gonzales. 
Green De Witt. 

Juan Anto. Padilla, Secretary interim. 
Saltillo, April 15, 1825. 
It is a copy. 

Santiago del Valle, 
Secretary. 



(136) 



■82 — 



APPENDIX IV. 

A TITLE TO LAND SECURED UNDER THE EMPRESARIO SYSTEM. 1 
(TRANSLATION.) 

I, the citizen GREEN" DE WITT, empresario for the introduc- 
tion of immigrant foreigners into the colony which the supreme 
government of the state of Coahuila and Texas has assigned to 
me by the contract entered into between the said government and 
the said De Witt, certify: 

That Squire Burns is one of the colonists whom I have intro- 
duced in virtue of my contract above mentioned ; that he arrived 
in this colony on the 15 clay of the month of August of the year 
1826 ; that he is single and his family consists of one persons, 
according to the signed statement that he has presented to me; 
and that he says he has taken before alcalde 2 the oath pro- 
vided for by article three of the state colonization law. 3 

I give this certificate to the above-mentioned Squire Burns to 
present to the commissioner, named by the government to distrib- 
ute lands and issue titles, as a testimony that he comes under my 
said contract. 

This document shall be null if it appears that the statement 
made by the person concerned is false in any particular, or if be- 
fore receiving his title of possession he leaves the colony to settle 
in some other locality. 

Green De Witt. 

Town of Gonzales, J of May 1830. 

Mr. Commissioner: 

I, Squire Burns, a native of the United States of the North, ap- 
pear before you observing the formalities of the law, saying: that 
I am one of the individuals admitted by the empresario, Grelen 
De Witt, to settle, in accordance with the state colonization law, 
upon lands in his colony, as will be shown by the certificate which 
I enclose; that I am single; and that I have not yet received the 
title to the land which belongs to me as a colonist. I therefore beg 
you that in the exercise of your functions you put me in posses- 
sion of a quarter of a sitio of land, which is entirely vacant and 
is located on the north-east bank of the Guadalupe River, about a 
mile below the Anastasio crossing, by which justice will be done 
me. Squire Burns. 

Gonzales, July 9, 1831. 

1 Titles, De Witt's Contract, 359-362. In this first^document the por- 
tions underlined are those inserted into the printed form. 

2 See page 99. 

8 Evidently this reference is to article 3 of the instructions to commis- 
sioners issued September 4, 1827. 

(137) 



— 83 — 

Town of Gonzales, July 9, 1831. 
To the empresario Green De Witt in order that he may inform 
me by writing if the petitioner is the true owner of the certificate 
which he presents, if this certificate is legitimate, if what he says 
in his petition is true, and especially if the land he desires is en- 
tirely vacant and included within the limits of his colony, adding 
anything else that it may seem well to mention. 

Navarro. 

Gonzales, July 9, 1831. 
Mr. Commissioner : 

In view of your above request I reply that the petitioner is the 
true owner of the certificate that he encloses in his petition as col- 
onist introduced in virtue of my contract and in accordance with 
the law. Therefore, I consider him worthy of the favor that he 
begs, the land he desires being vacant and included within the 
limits of my colony. Green De Witt. 

Let the title of ownership be extended to him in order that by 
means of it he may possess and enjoy the land according to law. 
And I hereby so provide, command, and approve by my signature. 

Jose Antonio Navarro. 

In the above-mentioned town of Gonzales on the tenth day of 
the month of July, one thonsand eight hundred and thirty-one, 
I, Jose Antonio Navarro, special commissioner of the supreme 
government of the state of Coahuila and Texas to distribute and 
give possession of vacant lands in the colony contracted for by the 
empresario, Green De Witt, with the said supreme government, in 
accordance with the document which precedes and in view of the 
fact that Squire Burns has been received as a colonist under the col- 
onization contract mentioned above, as is attested by the preceding 
report of the empresario, and because the said Squire Burns has 
shown that he is single and because he himself fulfills the require- 
ments which the state colonization law of March 24, 1825, pro- 
vides; in conformity with the aforesaid law, the contract, the in- 
structions dated September 4, 1827, by which I am governed, and 
the commission conferred upon me by the most excellent governor 
of the state in his order of January 20 of the current year of 1831, 
in the name of the same state concede, grant, and give real, ac- 
tual, corporal, and virtual possession of one-fourth of a sitio of land 
to the said Squire Burns, which land, having been measured by the 
expert surveyor, Byrd Lockhart, previously appointed in legal 
form, is situated and bounded as follows: [Here are given the 
field notes.] 

The above-mentioned land which by the said field notes ap- 
pears to to the surveyor to be pasture lands, with three labors of 
temporales, I, the aforesaid commissioner, in the exercise of the 
power which the law gives me and in faithful accordance with 
my knowledge and understanding, characterize and classify in con- 
formity with [the opinion of] said surveyor. 

(138) 



—84— 

This serves to fix the price that he is to pay the state for it, 
which is eleven pesos and forty centavos, payable in the way pre- 
scribed by the twenty-second article of the said law, under the 
penalties therein provided, of which he is well informed, as well 
as of the fact that within the term of one year he must construct 
permanent land-marks on each corner of the land, and that he 
must settle and cultivate it in conformity with what the aforesaid 
law prescribes. 

Therefore exercising the powers which are conceded me by the 
same law and by the instructions issued in accordance with it, I 
issue the present instrument, and command that a legal copy of it 
be taken and be delivered to the interested party in order that he 
may possess and enjoy the said land, he, his children, heirs, and 
successors, or whoever from him or from them may have cause 
of action or claim, which I this day sign together with two wit- 
nesses present with me, in conformity with the law. 

Jose Antonio Navarro. 
Witness, Witness, 

Jose Eamon Bedford. Thomas E. Miller. 



(139) 



— 85 — 



APPENDIX V. 

A TITLE TO LAND SECURED DIRECTLY FROM THE GOVERNMENT. 1 
(TRANSLATION.) 

Most excellent Sir: 

I, Sarah Seely, wife of Green De Witt, with a family of six 
children, with all due respect and in the best form of law, present 
the following statement : in the year 1826 I arrived in this country 
with my above mentioned family from the state of Missouri, one 
of the United States of the North. Since the said year, 1826, until 
now I have dwelt on a sitio of land, chosen by my husband, on the 
right bank of the Guadalupe Eiver, opposite the town of Gonzales. 
My husband, before mentioned, has made improvements such as 
houses and out buildings for the family and has opened a rather 
large farm. The family has suffered much in consequence of being 
in an unpopulated country on the frontier, through exposure to 
the incursions of the savage Indians, and for want of supplies. 
For these reasons and also because my husband, the said Green 
De Witt, finds himself much embarrassed in his affairs on account 
of the enterprise that he has undertaken, and because of other cir- 
cumstances which have placed the family in an unfortunate sit- 
uation, I, the petitioner, with a view to acquiring and preserving 
a secure estate for the maintenance of myself and children, humbly 
beg your excellency to have the kindness to concede to me and my 
children in fee simple for myself and my heirs the sitio of land 
above mentioned on which I now live, with the understanding that 
all the requirements of the law in the matter will be fuMhd. 
Therefore I ask and beg that you be so kind as to favor me by 
doing as above stated. Sarah Seely. 

Gonzales, September 11, 1830. 

[Then follow endorsements of the petition by Stephen F. 
Austin and Samuel M. Williams. De Witt then adds that this has 
been done with his knowledge and consent, that at the time of 
their marriage his wife had possessed considerable property which 
he had since spent, and that, as he had no other means of recom- 
pense, he had given her all the improvements on the land, and he 
now hoped that the government would ooncede her the land.] 

Leona Vicario, February 15, 1831. 
Ie accordance with the provisions of the State colonization law 
of March 24, 1825, and in virtue of the foregoing report, I grant 
the petitioner the sitio of land for which she asks, either in the 
place which she indicates or in any other that may be more desir- 
able, provided that it be entirely vacant and that no corporation 
or person holds any title to it. The commissioner for the distri- 
bution of lands of the grant in which is located that asked for by 

titles to Special Grants, 30-35. 

(140) 



— 86 — 

the petitioner, and in his absence the first or the only alcalde of 
the municipality concerned will put her in possession of the said 
sitio and extend to her the proper title, previously designating 
the quality of the land in order to determine what ought to be 
paid to the state, to satisfy which I allow the time prescribed 
by article 22 of the said law. Let there be given by the secretary's 
office to the interested party a copy of her petition and of this 
concession, in order that, when she presents the copy to the com- 
missioner, he may act accordingly. Viesca. 

Santiago del Valle, Secretary. 

[Then follow the petition to the commissioner, the order for the 
title, and the issuance of the title including the field notes.] 



(141) 



— 87 — 
APPENDIX VI. 

MINUTES OF THE AYUNTAMIENTO OF GONZALES. 1 

Jurisdiction of Gonzales. Jan'y, the 25th 1833 — 
Art, 10th The Aynt°- metin ordinary Session all the mem- 

bers present 

Eesolved that from & after the 1st day of May next 
any hogs riming at larg in this jurisdiction over 
one year old unmarct it shall be lawful for. any 
person to kill the same & take them as his own ; this 
act is not to be constrewd so as to include tamed 
hogs — 

J. B. Patrick President. 
Almond Cottle Sindico. 

Art.© 11th Eesolved that each setlar may hold by deed as many 
as four outlots at their valuation, if he has them 
or any part of them Improved and purchasors may 
buy the same number if they take them in the same 
Block — and all persons may have two in lots & 
four out lots deeded to them & no more; The 
purchase money to be paid in three equal enstawl- 
ments, the first in six months the second in twelve 
& the third in eighteen months, a forfature ac- 
curing in case of failing to make any of the pay- 
ments, for promt payment six persent per annum 
allowed. 

J. B. Patrick President, 
Almond Cottle, Sindico. 



Jurisdiction of Gonzales, Feby 15th 1833 
The Ayun to . met in ordinary session, present the 
Alcalde 2nd Eegedor & Sindico. 
Art. e 12th. Eesolved that Byrd Lockart the surveyor of the 
Jurisdiction is the same for the town, for survey- 
ing in lots one Dollar two for out lots; the cornors 
of the in lots to be established with a stake of good 
lasting wood, the out lots with stakes and baring 
trees or a stake and mound thrown up, so as to 
perpetiate the cornors. — 

J. B. Patrick President 
Almond Cottle Sindico 

Arte, 13th Eesolved that the ferry over the Guadalope Eiver 
at this town shall be at the mouth of the Stew 

\A. literal copy of an incomplete record preserved in the office of Har- 
wood and Walsh, Gonzales, Texas. This title is supplied. 

(142) 



— 8S — 

branch a lital south west of Market square — and 
the session adjourned. 

J. B. Patrick President. 
Almond Cottle Sindico 

Arte. 14th The Ayun to . met in ordinary session present the 
Alcalde 1st Eegdr ■& Sindico, 

Eesolved that we this day make out an official com- 
mucation to the Chif of Depatment Assigning the 
reasons &c — which is pointed out in sd. note 
a coppy to be fild in the office. 

J. B. Patrice President 
Almond Cottle Sindico 



Jurisdiction of Gonzales May 28th 1833 
Arte. 15th The Ayun to . met in ordinary session present the 
Alcalde 1st Eegd — & Sindico. 

Eesolved that John Francis Buetti be employed by 
the Ayunt°. insted of Joseph R. Bedford, Deed., as 
translator & Secatary and to teach a Spanish 
School for the term of six months commencing the 
1st of June present and be under the controle & 
protection of the Ayunt°. for which survices we are 
to pay him two hundred & twenty two Dollars out of 
the municipal funs — 

J. B. Patrick, Pres. 
Almond Cottle Sindico 

Arte. 16th Eesolved that any person or persons seling, giving 
or bartering sperritous liquors to Indians in any 
portion or quantity subjicts them selves to a fine 
of any amout under one hundred Dollars for every 
offence that they may be found gilty of before the 
proper authority one third to the informants for 
the better surpresing the evil — and the session ad- 
journd — 

J. B. Patrick Pres. 
Almond Cottle Sindico. 



Jurisdiction of Gonzales June 22nd — 1833. 
17th. The Ayun to . Met in Extradinary Session presen the 

Alcalde 1st Eigador & Sindico — 
Eesolved that we appoint two deputies to wait on the 
Commissioners appointed by the state to negociate on 
maters and things chrged in an official communi- 
cations reed, this day by express and that we inform 
them of the Eecept and our intentions by the re- 



(143) 



—89 — 

turn of said Express — and a Coppy be fild in the 
office. 

J. B. Patrick Pret 
Almond Cottle Sindico 

Jurisdiction of Gonzales, July 10th 1833.' 
Art e . 18th The Ayunt°. Met in ordinary session present 1st. 
Eegador 2sd Do. & Sindico — 

Resolved that the rate of Ferrage across the Guada- 
lope; is for a loaded waggon & team $1.50 cts emty 
$1-00- loaded Carts and team $1-25 Cts emty 75 Cts 
Ditto one yoak of cattle loaded 75 Cts emty 50 Cts 
Man & horse 12i/ 2 Cts all loos horses Cattel &c, 6*4 
Cts per head; to Cross in the night or high water 
Doubal price or the feryman may make his own Con- 
tract, any member of Ayun to . of Gonzales, or ex- 
preses from or to Sd Ayunt°. may pass free of farage 
if on business of sd. jurisdiction. 

J. B. Patrick President 
Almond Cottle Sindico. 

Arte. 19th Resolved that John Francis Buchetti in respect of 
his petion are hereby discharged from his employ- 
ment as Translator, Secatary and School-teacher — 
which petion be fild in the office. 

J. B. Patrick President 
Almond Cottle Sindico. 

Art e . 20th Resolved that the price of deeds be three Dollars 
and the person wanten a deed pay for the stamp 
paper & the deeds may include two in lots and a 
seperate deed for out lots which may be for four — 
and the same must be recorded before taken them 
out of the office. 

Art e 21st. Resolved that all persons able to labour in the 

jurisdiction on roads and highways are hereby 
bound to do so when ordered ; in their different 
presincts; or subject them selves to pay a fine of 
one Dollar per day for each day they may fail to 
do so, with cost if they apply to the civil authority 
for address — which fine shall be applied to the use 
of opening and keeping said high -ways in order, 
provided that no more than six dollars be collected 
as fines from any one individual in one year, and 
that no one individual shall be compeld to worck 
more than six days on his own accoumpt in one 
year. 

J. B. Patrick President. 
Almond Cottle Sindico. 

(144) 



— 90 



Art 22sd Resolved that having faild to send on dupeties to 

meet the Commissioners appointed by the govern- 
ment agreeabal to our promise of the 22sd of last 
month, that we now make out an official note to the 
same — and a Coppy to be filcl in the office — 

J. B. Patrick President 
Almond Cottle Sindico. 



Art. 23rd. Jurisdiction of Gonzales August 5th, 1833. 

The Ayuntam to . in orderly session. Present the 
Alcalde. 1st Regdr. and Sindico. 
Resolved. That John H. Buckette be and is em- 
ployed for the time being as a translator, for which 
he is to receive 12 ] /o cents for reading each paper if 
it is not to be translated, and I2V2 cents for each 
hundred words which he translates. 

J. B. Patrick President. 
Almond Cottle Sindico. 

Article 24th Resolved that Stephen Smith and John McCoy P. 
have the price of the Boat they built for the Juris- 
diction, agreeable to the contract which was ninety 
five Dollars and seventy five cents. As the same 
has been received. 

J. B. Patrick President. 
Almond Cottle Sindico. 



Jurisdiction of Gonzales August 12th, 1833. 
The Ayuntam to . m et in session. Present Al- 
calde & 1st & 2nd Regadors. 
Art. 25th. Resolved. That Ezekiel Williams & B. D. M Clure 
be and the same are hereby appointed to view and 
appraise the in Lots and the out Lots of the Town 
Gonzales. 

J. B. Patrick President 
Almond Cottle Sindico. 

Article 26th. Resolved that all the property of William M. 
Brown; together with all other effects appertain- 
ing to the said William M. Brown, be advertised and 
sold to the highest bidder, and that the proceeds 
thereof be delt with according to law. 

J. B. Patrick President 
Almond Cottle Sindico. 



Jurisdiction of Gonzales December 21st 1833. 
The Ayuntam to . met in Extraordinary session. 
Present James B. Patrick Alcalde & Almond Cot- 
tle Sindico. 

(145) 



— 91 — 

Article 27th. Resolved, that in consequence of the non attend- 
ance of the persons last heretofore appointed by 
the Ayuntum to to view value and appraise the in 
Lots and out Lots of the Town of Gonzales. That 
Almerion Dickenson and Green De Witt are hereby 
appointed to view value and appraise the same, 
and to make due return of the same to this on the 
succeeding Ayuntam to . 

J. B. Patrick President 
Almond Cottle Sindico. 

Article 28th. Eesolved. That each purchaser on taking out his 
deeds, shall pay into the office of this Jurisdic- 
tion; the sum of one Dollar, for each In Lot, and. 
two Dollars for each Out Lot, towards defraying 
the Expences and Surveying fees of said Town. 
J. B. Patrick President 
Almond Cottle Sindico. 

Article 29th Eesolved. That any person, or persons, who shall 
be found guilty of removing any stake defacing or 
cutting of any Corner tree or bearing tree or alter- 
ing or changing land marks established by the 
municipal surveyor of this municipality; of any in 
Lot or out Lot or Lots of the Town of Gonzales 
shall forfeit and pay to this municipality for every 
such offence a sum not less than one Dollar, nor 
more than fifty Dollars at at the descresion of the 
Court before whom the same shall be tried. 

J. B. Patrick President 
Almond Cottle Sindico. 



Article 1st. 



Jurisdiction of Gonzales. Department of Brazos, 
The Ayuntamiento of the same was qualified and 
took there seets. They [are] composed of the fol- 
lowing members Viz — James C. Davis Alcalde 
Charles Lockhart first Rigidore Eli Mitchell Sec- 
hend Rigidore Thomas R. Miller Sindico and reed, 
the papers and Dockuments belonging to the Office 
on the first of January 1834. 

Eli Mitchell 2 Rig. 

The Avuntamiento met in ordinary session James 
C. Davis Eli Mitchell and Thomas R. Miller, Re- 
solved. That the House of T. R. Miller of the 
town of Gonzales be rented as an office for the 
Municipality during the tearm of one year for 
which he is to [be] paid eighteen Dollars. 

James C. Davis pres. 

Eli Mitchell 2 Rig. 
Thomas R. Miller Sind 

(146) 



— 92 — 



Article 2nd. Eesolved That James C. Davis President be ap- 
pointed Treasurer of the municipality and is here- 
by made so for the present year and is authorized 
to collect all public funds in the Jurisdiction and 
pay accoumpts against the same — 

Eli Mitchell 2 Eig 
Thomas E. Miller Sind 

Article 3rd Eesolved that Green De Witt and Almeron Dickin- 
son be appointed commissioners to revew and mark 
out the road from De Witts to intersect the old 
road at some Suotable point crossing the river 
oposit of the street runing by the House of Thomas 
E. Miller and on oute to the above named point 
and reporte the same to this Ayuntamiento at the 
next meeting. 

James C. Davis pres. 
Thomas E. Miller Sind. 

Eli Mitchell 2 Eig. 

Article 4th. Eesolved that James B. Patrick or his Securities 
shall return the fery boat in good order by the first 
monday in February next and if not Delivered by 
that time him or his securities will be bound i:> 
pay for the same by the 1st day of march next. 

James C. Davis presid 
Thomas E. Miller Sind. 

Eli Mitchell 2 Eeg. 

Article 5th Eesolved that Joseph S. Martin Shall be permiteed 
to get sutch timber off the town tract as he may 
think proper for erecting a cotton gin also rail 
Timber for his farm and the saim privalege to be 
granted to Thomas E. Miller and Eli Mitchell for 
the present year. 

James C. Davis presid 
Thomas E. Miller sind 

Eli Mitchell 2 Eig 

Article 6th. Eesolved That all those that are interested in the 
town tract of Gonzales or the adjoining Labor, shall 
when called on be compeled to worke on the Streets 
and roads through the same, and any person or per- 
sons faling to attend after beinge warn in shall be 
fined one Dollar per day the fine to be collected by 
a civil process and appropriated to the benefit of 
streets and roads : 

James C. Davis pres. 
Thomas E. Miller Sind 

Eli Mitchell 2 Eig 

(147) 



■93- 



The session adjorned untill the next meeting when 
ordinary Session will commence on the first mon- 
day in february next. The following members met 
James C. Davis Eli Mitchell and Thomas E. Miller 
know business done at this meeting and adjorned 
untill the first monday in May next. 

James C. Davis pres. 
Thomas E. Mtller Sind 

Eli Mitchell 2 Eig 

Article 7th. The Ayuntamiento met in ordinary session and the 
following members present J. C. Davis Eli Mitchell 
and T. E. Miller Eesolved that any person or per- 
sons in the town of Gonzales or That may come 
Shall apply to the Alcalde for licence for Hole- 
saleing or retailing Dry goods or groceries the 
licence for Said Merchandise Shall be as follows 
for Hole Saling of dry goods and groceries will be 2 
per cent, for retailing of the same Shall be ten 
Dollars Anuelly and for retailing Dry goods alone 
will be five Dollars anuelly, Those that doe not 
apply for licencs by the 15th inst Shall pay Twenty 
Dollars to be collected by civil process and applied 
to the use of the municipality. 

James C. Davis president 
Thomas E. Miller Sind 

Eli Mitchell 2 Eig 

Article 8th Eesolved that the Interest of this Colony shall be 
ten per cent. 

James, C. Davis pres. 
Thomas E. Miller Sind 

Eli Mitchell 2 Eig 

Article 9th. Eesolved that any persons Shooting guns or Pistols 
in the bounds of the in Lots of Gonzales shall be 
fined twenty five Dollars and also the same fine 
will be Laid on those who may be found running 
Horses through the Streets. 

James C. Davis pres. 
Thomas E. Miller Sind 

Eli Mitchell 2 Eig 

Article 10th Eesolved that Article 11 be repealed in part. 

James C. Davis pres. 
Thomas E. Miller Sind 

Eli Mitchell 2 Eig. 

Article 11th. Eesolved that the in lots of Gonzales be one Dollar 
per year Anuelly no tax on out lots any person 
wishing to take out lots will be intitled to as 

(148) 



— 94— 

many as he will improve and pay for at the valuea- 
tion by keeping Streets open when required Not 
putting more than one Block in a Deed. 

James C. • Davis pres. 
Thomas R. Miller Sincl 

Eli Mitchell 2 Big 

Article 12th. Eesolved that James Kerr be appointed Surveyor 
of the road that the commissioners Matthew Cald- 
well Daniel McCoy & Isaac Weldon may view and 
mark out from the town of Gonzales to the town 
of Mina and make Due return of the same. 

James C. Davis pres. 

Eli Mitchell 2 Rig 

Thomas R. Miller Sind 
Article 13th. Resolved that the in and out lots of Gonzales be 
curtailed one half from the original price for Sur- 
veying. 

James C. Davis pres. 

Eli Mitchell 2 Rig 
Thomas R. Miller Sind 



(149) 



—95 — 



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(152) 



NOTES. 

The page numbers in the cross references in the notes are those 
of the periodical from which this monograph is reprinted. To 
find a reference subtract 94 from the page number cited. 

The last sentence of note 2 on page 12 belongs to and should com- 
plete note 2 on page 11. 

Note 4 on page 12 should refer to note 5 on page 11. 

The date to be supplied in the last line of page G5 is October 15. 



MAPS. 



Map 1 of the following series shows the location, with reference 
to the present counties and towns, of the lands occupied by settlers 
in De Witt's colony, distinguishing between lands obtained through 
De Witt as empresario and those obtained directly from the gov- 
ernment. The grants shown on this map are numbered to cor- 
respond with the names of the respective grantees given in appen- 
dix I. The map was compiled from the original titles and from 
county maps in the General Land Office of the state of Texas. 

Map 2 is the plot of the four leagues composing the town tract 
of Gonzales. It was traced from the original which is found in 
Titles, De Witt's Contract, 847, General Land Office. 

Map 3 shows the subdivisions of the inner and outer town, 
which composed the four league town tract. It is a copy of a 
map in the office of Harwood and Walsh that was compiled by L. 
Chenault and L. H. Hopkins some ten or twelve years ago, partly 
from field notes that are still in existence and partly from an 
older map showing a portion of the town tract. This older map 
is also preserved in the office of Harwood and Walsh. 

Map 4 shows the plan of the inner town. It was made by Mr. 
Darst. See above, page 121, note 2. 























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Plan of the inner town of 
Qon ah 9, 




I II 



H Ja '08 



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MAIN UNIVERSITY, AUSTIN 
MEDICAL DEPARTMENT, GALVESTON 

Wm. L. Prather, LL.D., President 

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Session opened September 28, 1904. Largest and best 
equipped Libraries, Laboratories, Natural History and 
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Academic Department: courses of liberal study leading 
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Law Department: A three-year course leading to the 
degree of Bachelor of Laws. Shorter special courses for 
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For further information and catalogue, address 

WILSON WILLIAMS, Registrar, 

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MEDICAL DEPARTMENT 

Schools of Medicine, Pharmacy and Nursing. Sessior 
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For further information and catalogue, address 

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■ 



